No. 10-00-193-CR.

65 S.W.3d 332 (2001)

Edward Lee SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled December 28, 2001.

Attorney(s) appearing for the Case

W.V. Dunnam, Dunnam & Dunnam, L.L.P., Waco, for appellant.

John W. Segrest, McLennan County District Attorney, James Wiley, McLennan County Assistant District Attorney, Waco, for appellee.

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


VANCE, Justice.

Edward Lee Smith (Smith) was convicted of the felony offense of driving while intoxicated (DWI). The trial court sentenced Smith to ten years in prison and a fine of ten-thousand dollars. Smith brings this appeal citing twenty instances of error. We will affirm.


On the morning of January 9, 2000, Smith finished a night-shift at work and drove to a local fast-food restaurant for breakfast. He used the restaurant...

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