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McRAE v. STATE

No. 01-02-01225-CR.

152 S.W.3d 739 (2004)

Kevin Drew McRAE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled January 10, 2005.

Attorney(s) appearing for the Case

W. Troy McKinney, Schneider & McKinney, P.C., Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney — Harris County, Alan Curry, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION ON MOTION FOR REHEARING

ELSA ALCALA, Justice.

Appellant, Kevin Drew McRae, has challenged our opinion of July 1, 2004, by filing a motion for rehearing, to which the State has filed its response. We grant rehearing, withdraw our opinion of July 1, 2004, and issue this opinion in its stead.

Appellant pleaded not guilty to the misdemeanor offense of driving while intoxicated (DWI) and pleaded true...

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