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STEWART v. STATE

No. 324-03.

129 S.W.3d 93 (2004)

Dawn Kuretsch STEWART, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

March 3, 2004.

Attorney(s) appearing for the Case

Stephanie Stevens, San Antonio, for Appellant.

Kerrisa J. Chelkowski, Asst. DA, San Antonio, Matthew Paul, State's Attorney, Austin, for State.

Before the Court en banc.

OPINION

KEASLER, J., delivered the opinion of the Court, joined by KELLER, P.J., and MEYERS, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ.

We withdraw our previous opinion and substitute this opinion. Dawn Kuretsch Stewart was convicted of driving while intoxicated. The trial judge allowed the State to present the results of two breath tests administered to Stewart eighty minutes after she was pulled over...

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