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ELLIS v. STATE

No. 10-01-260-CR.

86 S.W.3d 759 (2002)

Frank Martin ELLIS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 23, 2002.

Attorney(s) appearing for the Case

Sebastian Lanz, Pasadena, for appellant.

Charles A. Rosenthal, Jr., Harris County Dist. Atty., Donald W. Rogers, Jr., Andrea Kolski, Harris County Asst. Dist. Attys., Houston, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

BILL VANCE, Justice.

A jury convicted Frank Martin Ellis of driving while intoxicated, and the court sentenced him to 180 days in jail; imposition of sentence was suspended, and the court placed Ellis on community supervision for eighteen months. Ellis's two issues on appeal are that the arresting officer should not have been allowed to testify about administering the Horizontal Gaze Nystagmus ("HGN") test to Ellis because (1) the officer did not...

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