STATE v. COWSERT

No. PD-0812-05.

207 S.W.3d 347 (2006)

The STATE of Texas v. Ben Daly COWSERT, Appellee.

Court of Criminal Appeals of Texas.

November 15, 2006.


Attorney(s) appearing for the Case

Jerry Phillips, Asst. County Atty., Kerrville, for Appellant.

Harold J. Danford, Kerrville, Matthew Paul, State's Atty., Austin, for Appellee.


OPINION

MEYERS, J., delivered the opinion of the unanimous Court.

INTRODUCTION

Appellee, Ben Daly Cowsert, was charged with driving while intoxicated. He filed a motion to suppress evidence of his breath test. The trial court granted the motion, relying on caselaw that was pending review by this court and that was later reversed. The State asked the trial court to reconsider the motion based...

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