STATE v. KELLY

No. 13-04-114-CR.

166 S.W.3d 905 (2005)

The STATE of Texas, Appellant, v. Evon KELLY, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

June 30, 2005.


Attorney(s) appearing for the Case

Carlos Valdez, Nueces County Dist. Atty., Lance A. Watt, Asst. Dist. Atty., Corpus Christi, for state.

Joseph V. Collina, John S. Gilmore, Jr., Gilmore & Granberry, Corpus Christi, for appellee.

Before Justices RODRIGUEZ, CASTILLO and GARZA.


OPINION

Opinion by Justice CASTILLO.

The trial court granted appellee Evon Kelly's pretrial motion to suppress blood-alcohol test results from blood extracted for purposes of medical treatment. The State of Texas appeals from that ruling.1 We reverse and remand.

I. FACTS2

On or about March 5, 2001, Kelly was operating...

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