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NESS v. STATE

No. 01-03-01180-CR.

152 S.W.3d 759 (2004)

Carter Alan NESS, Appellant, v. The STATE of Texas, Appellee.

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

December 2, 2004.

Attorney(s) appearing for the Case

Bob Wicoff, Houston, TX, for Appellant.

William J. Delmore, III, Chief Prosecutor, Appellate Division, Charles A. Rosenthal, Jr., District Attorney — Harris County, Houston, TX, for Appellee.

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

OPINION

ELSA ALCALA, Justice.

Appellant, Carter Alan Ness, pleaded nolo contendere to the misdemeanor offense of driving while intoxicated,1 but reserved his right to appeal the denial of his motion to suppress. Pursuant to appellant's negotiated plea, the trial court assessed punishment at 180 days in jail, suspended for one year of community supervision, and a $100 fine. In his sole point of error, appellant contends that the...

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