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GIGLIOBIANCO v. STATE

No. 04-02-00895-CR.

179 S.W.3d 136 (2005)

Anthony GIGLIOBIANCO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 10, 2005.

Discretionary Review Granted March 1, 2006.

Attorney(s) appearing for the Case

Adam L. Kobs, Mark Stevens, San Antonio, for appellant.

Daniel Thornberry, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

This appeal is on remand from the Texas Court of Criminal Appeals. On original submission, we held that the trial court committed reversible error in admitting the results of a breath test in the absence of retrograde extrapolation citing this court's opinion in Stewart v. State, 103 S.W.3d 483 (Tex.App.-San Antonio 2003), rev'd, 129 S.W.3d...

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