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NEWBROUGH v. STATE

No. 08-06-00117-CR.

225 S.W.3d 863 (2007)

Joseph Kirk NEWBROUGH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

May 31, 2007.

Attorney(s) appearing for the Case

Kevin R. Bartley, Kevin R. Bartley, P.C., Odessa, for Appellant.

John L. Pool, District and County Attorney, Andrews, for Appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

KENNETH R. CARR, Justice.

This is an appeal from a conviction for the misdemeanor offense of driving while intoxicated. Appellant pleaded guilty to the court, and the court assessed punishment at twelve months' community supervision and a fine of $500. We reverse and remand for further proceedings.

I. SUMMARY OF THE EVIDENCE

At the hearing on Appellant's motion to suppress the evidence, Dan Gomez testified that he was a certified...

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