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POWERS v. STATE

No. 2-03-046-CR.

140 S.W.3d 851 (2004)

Steven Harry POWERS, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

July 1, 2004.

Attorney(s) appearing for the Case

Factor, Campbell & Shepherd, L.L.P., Abe Factor, Fort Worth, for Appellant.

Tim Curry, Crim. D.A., Charles M. Mallin, Asst. Crim. D.A., Chief of Appellate Division, Kimberly Wesley, Donald Robin McCarty, Asst. Crim. D.A.S, Fort Worth, for Appellee.

PANEL B: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

A jury found Appellant Steven Harry Powers guilty of driving while intoxicated (DWI), and the trial court sentenced him to 150 days in jail, probated for two years, and imposed a $750 fine. The primary issue we address in this appeal is whether the trial court erred by overruling Powers's objection to the dual roles played in this case by attorneys in the district attorney's office: prosecutor and witness...

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