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JOURNEYCAKE v. STATE

No. 01-98-01085-CR.

54 S.W.3d 79 (2001)

Michael Shane JOURNEYCAKE, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Overruled August 30, 2001.

Attorney(s) appearing for the Case

W. Troy McKinney, Houston, for Appellant.

John B. Holmes, Julie Klibert, Houston, for State.

Panel consists of Justices WILSON, TAFT and PRICE.

OPINION

TAFT, Justice.

Appellant, Michael Shane Journeycake, pled guilty to misdemeanor driving while intoxicated. Pursuant to a plea-bargain agreement, the trial court assessed punishment at 180 days in jail, suspended for one year of community supervision, and a $400 fine. Appellant appeals the trial court's refusal to suppress his intoxilyzer results, raising three points of error. We address: (1) whether the trial court erred by failing to suppress appellant...

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