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STATE v. ARRIAGA

No. 04-98-00901-CR.

5 S.W.3d 804 (1999)

The STATE of Texas, Appellant, v. Florentino ARRIAGA, Appellee.

Court of Appeals of Texas, San Antonio.

September 29, 1999.

Attorney(s) appearing for the Case

Barbara Hervey, Asst. Crim. Dist. Atty., San Antonio, for Appellant.

Alan Brown, Law Offices of Brown & Norton, San Antonio, James Scott Sullivan, San Antonio, for Appellee.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: CATHERINE STONE, Justice.

The State appeals the trial court's order granting a motion to suppress intoxication evidence obtained from a DWI arrest. We affirm the order of the trial court because the arresting officer failed to present specific articulable facts to justify the stop.

FACTUAL AND PROCEDURAL BACKGROUND

On March 23, 1997, Officer Mark Harris stopped appellee...

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