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POWERS v. STATE

No. 11-05-00089-CR.

217 S.W.3d 676 (2007)

Billy Wayne POWERS, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

January 25, 2007.

Attorney(s) appearing for the Case

Fred I. Franklin, Jr., Brownwood, for Appellant.

Micheal Murray, Dist Atty., Perry B. Sims, Asst. Dist, Atty's Office, Brownwood, for Appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and HILL, J.

OPINION

JIM R. WRIGHT, Chief Justice.

Billy Wayne Powers appeals his conviction by a jury for the offense of felony driving while intoxicated. The jury, finding enhancement allegations to be true, assessed Powers's punishment at forty years in the Texas Department of Criminal Justice, Institutional Division. In three issues on appeal, Powers contends the following: (1) that the trial court erred by admitting evidence of the results of an intoxilyzer test...

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