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OPP v. STATE

No. 01-98-01418-CR.

36 S.W.3d 158 (2000)

Kelton Howard OPP, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

December 28, 2000.

Attorney(s) appearing for the Case

Larry P. McDougal, Stafford, for Appellant.

Carol M. Cameron, John B. Holmes, Houston, for State.

Panel consists of Justices O'CONNOR, TAFT, and SMITH.

EN BANC OPINION

O'CONNOR, Justice.

A jury convicted the appellant, Kelton Howard Opp, of the misdemeanor offense of driving while intoxicated (DWI). The trial court assessed punishment at 90 days in the Harris County jail and a $350 fine. We reverse and remand for retrial.

Facts

The appellant was arrested for DWI and taken to the police station after he refused to perform any field sobriety tests. At the police station, while being videotaped...

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