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BADGETT v. STATE

No. 14-97-01404-CR.

79 S.W.3d 581 (2001)

Thomas Wyman BADGETT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

September 20, 2001.

Attorney(s) appearing for the Case

Greg Glass, Herb H. Ritchie, Houston, for appellant.

Dan McCrory, Houston, for appellee.

Panel consists of Justices EDELMAN, WITTIG, and AMIDEI.

OPINION ON REMAND

MAURICE E. AMIDEI, Justice.

Thomas Wyman Badgett appeals a misdemeanor conviction for driving while intoxicated ("DWI") on the grounds that the trial court erred in denying his motion to suppress evidence. We reverse.

Background

Appellant was involved in an automobile collision in May of 1997. He was standing beside his vehicle when Officer Kerr arrived at the scene of the accident. Sergeant Traylor, the officer already...

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