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HAILEY v. STATE

No. 10-00-172-CR.

50 S.W.3d 636 (2001)

Bobby HAILEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

June 20, 2001.

Attorney(s) appearing for the Case

Kelly R. Myers, Corsicana, for appellant.

Patrick C. Batchelor, Crim. Dist. Atty., James E. Lagomarsino, Asst. Crim. Dist. Atty., Corsicana, for appellee.

Before Chief Justice DAVIS, Justice VANCE and Justice GRAY.

OPINION

VANCE, Justice.

Bobby Hailey was indicted for the offense of driving while intoxicated ("DWI"). Based on two prior convictions for DWI, his was a third-degree felony offense. A jury convicted him and assessed punishment at the maximum of ten-years imprisonment. On appeal, Hailey complains that evidence which was admitted at trial of his blood-alcohol level should have been suppressed because it was obtained illegally. We agree. We will reverse the...

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