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STATE v. NEESLEY

No. PD-1396-06.

239 S.W.3d 780 (2007)

The STATE of Texas v. Nancy N. NEESLEY, Appellee.

Court of Criminal Appeals of Texas.

November 7, 2007.

Attorney(s) appearing for the Case

James R. Butler, Houston, for Appellant.

Eric Kugler, Asst. D.A., Houston, Matthew Paul, State's Attorney, Austin, for State.

OPINION

PRICE, J., delivered the opinion of the Court in which MEYERS, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

This case addresses the questions of how the term "specimen" should be interpreted in the context of § 724.012(b) of the Texas Transportation Code and how many specimens the statute permits to be taken. We hold that specimen should be construed to mean a usable sample, and that one and only one specimen (as so defined) may...

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