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MILLS v. STATE

No. 2-01-190-CR.

99 S.W.3d 200 (2002)

Joe Elbert MILLS, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Publication Ordered January 9, 2003.

Attorney(s) appearing for the Case

Danny Burns, Fort Worth, for Appellant.

Tim Curry, Criminal Dist. Atty., Charles M. Mallin, Anne E. Swenson, David M. Curl, Jessie McClure, Elizabeth Bourland, Assistant Criminal District Attorneys, Fort Worth, for the State.

PANEL A: DAY and GARDNER, JJ.; and WILLIAM BRIGHAM (Senior Justice, Retired, Sitting by Assignment).

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

SAM J. DAY, Justice.

I. Introduction

A jury convicted Appellant Joe Elbert Mills of driving while intoxicated (DWI), and the trial court assessed punishment at ninety days' confinement and a $500 fine. In two points, Appellant complains about the factual sufficiency of the evidence to support the jury's verdict and the trial court's decision to allow the admission of

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