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FRANCO v. STATE

No. 03-01-00274-CR.

82 S.W.3d 425 (2002)

John Milburn FRANCO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Refused July 31, 2002.

Attorney(s) appearing for the Case

W. Paul Parash, San Marcos, for Appellant.

Dib Waldrip, County and Dist. Atty., New Braunfels, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and PURYEAR.

BEAANN SMITH, Justice.

A jury found appellant John Milburn Franco guilty of driving while intoxicated. See Tex. Pen.Code Ann. § 49.04 (West Supp.2002). The court assessed punishment at incarceration for 180 days and a $2000 fine, but suspended imposition of sentence and placed Franco on community supervision. In two points of error, Franco urges that the court erred by admitting in evidence the results of alcohol concentration and field sobriety tests...

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