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GRAY v. STATE

No. PD-1202-03.

152 S.W.3d 125 (2004)

Thomas Kerr GRAY, III, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

December 15, 2004.

Attorney(s) appearing for the Case

Brian W. Wice & Renato Santos, Jr., Houston, for Appellant.

Eric Kugler, Asst. District Attorney, Houston, Matthew Paul, State's Attorney, Austin, for State.

OPINION

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

The State charged Thomas Kerr Gray, III, with driving while intoxicated due to alcohol consumption. Evidence at trial showed that Gray was taking anti-depressant medication at the time. The jury instructions authorized finding that Gray was intoxicated if he took drugs which made him more susceptible to the influence of alcohol than...

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