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STOVALL v. STATE

No. 12-02-00185-CR.

140 S.W.3d 712 (2004)

Victor STOVALL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled July 14, 2004.

Attorney(s) appearing for the Case

Donald F. Killingsworth, Tyler, for appellant.

Michael Sandlin, Dist. Atty's Office, Dallas County, Dallas, for appellee.

Panel consisted of WORTHEN, C.J., and GRIFFITH, J.

OPINION

SAM GRIFFITH, Justice.

After a jury trial, Appellant Victor Stovall ("Appellant") was convicted of felony driving while intoxicated (DWI) as an habitual offender. The trial court sentenced him to thirty-five years of imprisonment, and no fine. Appellant raises six issues on appeal. We reverse and remand for a new trial.

BACKGROUND

Around 10:30 on the night of February 22, 2001, two Tyler Police Department officers...

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