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STATE v. FRANCO

Nos. 04-04-00071-CR, 04-04-00072-CR.

180 S.W.3d 219 (2005)

The STATE of Texas, Appellant, v. Victor FRANCO, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 18, 2005.

Attorney(s) appearing for the Case

Kevin P. Yeary, Asst. Crim. Dist. Atty., San Antonio, for appellant.

Jaime E. Cavazos, The Law Office of Jaime Cavazos, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.

OPINION

Opinion by SARAH B. DUNCAN, Justice.

The State of Texas appeals the trial court's orders suppressing Victor Franco's blood alcohol test results and related testimony. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On Friday, January 3, 2003, at approximately 7:58 p.m., Officer Pete Knutson of the San Antonio Police Department arrived at the scene of an accident.2...

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