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SMITH v. STATE

No. 10-98-328-CR.

8 S.W.3d 450 (1999)

Jason Todd SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

December 29, 1999.

Attorney(s) appearing for the Case

Robert C. Dunn, Law Office of Robert C. Dunn, Corsicana, for appellant.

Patrick C. Batchelor, Criminal Dist. Atty., Corsicana, for appellee.

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

OPINION

TOM GRAY, Justice.

A driver was stopped early one morning because his radio was too loud. During the stop, the police determined the driver was intoxicated and arrested him. He was convicted of driving while intoxicated. On appeal of that conviction, the driver complains that the trial court submitted an erroneous instruction to the jury. We affirm the trial court's judgment.

FACTUAL BACKGROUND

Jason Todd Smith was arrested during...

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