No. 05-99-01406-CR.

65 S.W.3d 840 (2002)

Marshall Wayne DOOLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

January 18, 2002.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, for Appellant.

William T. (Bill) Hill, Jr., Karen R. Wise, Asst. Dist. Atty., Dallas, for State.

Before Justices KINKEADE, MORRIS, and BRIDGES.


MORRIS, Justice.

A jury convicted Marshall Wayne Dooley of driving while intoxicated. He now raises five issues on appeal seeking to overturn his conviction. Specifically, appellant contends the trial court erred by denying his motion for mistrial following an improper comment by the prosecutor, by allowing the jury to hear evidence that he refused to submit to a breath test, by communicating with the jury in violation of article 36.27 of the code...

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