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OWENS v. STATE

No. 14-03-00469-CR.

135 S.W.3d 302 (2004)

Gary Lee OWENS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

April 22, 2004.

Attorney(s) appearing for the Case

Lana Gordon, Brookline, MA, for appellants.

Keisha L. Smith, Houston, TX, for appellees.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.

OPINION

JOHN S. ANDERSON, Justice.

Appellant challenges his conviction for driving while intoxicated on two grounds: (1) the evidence is legally and factually insufficient to support the verdict; and (2) the trial court improperly denied his motion to suppress expert testimony on retrograde extrapolation. We reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

On August 26, 2002, appellant, Gary Lee Owens, was arrested...

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