BAGHERI v. STATE

No. 04-00-00551-CR.

87 S.W.3d 657 (2002)

Hossein BAGHERI, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

June 28, 2002.


Attorney(s) appearing for the Case

George Scharmen, San Antonio, for appellant.

Scott Roberts, Assistant Criminal District Attorney, San Antonio, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


Opinion by: SARAH B. DUNCAN, Justice.

Hossein Bagheri was convicted of driving while intoxicated. On appeal he contends the trial court erred in admitting testimony regarding a retrograde extrapolation of the intoxilyzer test result. The State has confessed error, admitting that the facts here are no better than they were in Mata v. State, 46 S.W.3d 902 (Tex.Crim. App.2001), in...

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