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STATE v. BARBERNELL

No. 09-06-336 CR.

221 S.W.3d 914 (2007)

The STATE of Texas, Appellant v. Stephen Gregory BARBERNELL, Appellee.

Court of Appeals of Texas, Beaumont.

Decided April 25, 2007.

Attorney(s) appearing for the Case

Michael A. McDougal, District Atty., Marc Brumberger, Asst. District Atty., Conroe, for appellant.

Joseph Salhab, Cornelius & Salhab, Houston, for appellees.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

CHARLES KREGER, Justice.

The State appeals from the trial court's order granting appellee Stephen Gregory Barbernell's motion to quash the information for the offense of driving while intoxicated. See Tex. Pen.Code Ann. § 49.04(a) (Vernon 2003); Tex.Code Crim. Proc. Ann. art. 44.01(a)(1) (Vernon 2006).

The State charged Barbernell by information with misdemeanor driving while intoxicated, alleging that "on or about APRIL 30, 2005...

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