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FOUNTAIN v. STATE

No. 09-01-049 CR.

79 S.W.3d 72 (2002)

Gary Wayne FOUNTAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Delivered May 22, 2002.

Attorney(s) appearing for the Case

C.T. Hight, Liberty, for appellant.

A.J. Hartel, County Atty., Mark Beausoleil Asst. County Atty., Liberty, for state.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

After Gary Wayne Fountain pleaded nolo contendere to the misdemeanor offense of Driving While Intoxicated (DWI), he was convicted and assessed a probated sentence, the terms of which include suspension of his incarceration in the Liberty County Jail for a term of one year. Complaining of the trial court's denial of a pre-trial written motion to suppress ruled on prior to his plea of nolo contendere, Fountain appeals...

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