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STATE v. MAGEE

No. 01-99-00688-CR.

29 S.W.3d 639 (2000)

The STATE of Texas, Appellant, v. Scott Allen MAGEE, Appellee.

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

October 5, 2000.

Attorney(s) appearing for the Case

Michael Pena, Houston, for Appellee.

William Delmore, III, John B. Holmes, Houston, for Appellant.

Panel consists of Chief Justice SCHNEIDER and Justices WILSON and SMITH.

OPINION

DAVIE L. WILSON, Justice.

This State's appeal requires us to interpret Penal Code sections 12.22 and 49.04(b). See TEX.PENAL CODE ANN. §§ 12.22, 49.04(b) (Vernon 1994). Section 49.04(b) requires that a person convicted of driving while intoxicated serve "a minimum term of confinement of 72 hours." Section 12.22 provides that a person convicted of a Class B misdemeanor "shall be punished...

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