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FOSTER v. STATE

No. 10-99-041-CR.

8 S.W.3d 445 (1999)

Tommy Dale FOSTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

December 22, 1999.

Attorney(s) appearing for the Case

Mark D. Griffith, Waxahachie, for appellant.

Joe F. Grubbs, County and Dist. Atty., Waxahachie, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

BILL VANCE, Justice.

A jury found Tommy Dale Foster guilty of felony driving while intoxicated. See Tex. Pen.Code Ann. §§ 49.04, 49.09 (Vernon 1994 & Supp.1999). He elected to have the court assess punishment and was sentenced to ten years' imprisonment plus a $10,000 fine. He appeals from alleged error in the punishment phase of trial.1

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