GRIFFITH v. STATE

No. 1957-98.

55 S.W.3d 598 (2001)

Carl Michael GRIFFITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 19, 2001.


Attorney(s) appearing for the Case

Forrest W. Wagner, Grand Prairie, for Appellant.

C. James Gibson, Asst. DA, Fort Worth, for State.

Before the court en banc.


WOMACK, J., delivered the opinion of the Court, which KELLER, P.J., and MEYERS, PRICE, KEASLER, HERVEY and HOLCOMB, JJ., joined.

The issue in this case is whether constitutional rights were violated by the admission, as substantive evidence of guilt, of a recording of the appellant's request for an attorney when he was asked to take a breath-alcohol test before receiving Miranda warnings or being charged with an offense. We hold that they were not.

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