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STATE v. RUDD

No. 10-07-00216-CR.

255 S.W.3d 293 (2008)

The STATE of Texas, Appellant, v. Earl Cody RUDD, Appellee.

Court of Appeals of Texas, Waco.

Discretionary Review Refused July 2, 2008.

Attorney(s) appearing for the Case

Joe F. Grubbs, Ellis County Dist. Atty., Waxahachie, for appellant.

Mark D. Griffith, Griffith & Associates, Waxahachie, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

FELIPE REYNA, Justice.

The State appeals an order granting Earl Cody Rudd's motion to suppress evidence related to his arrest for driving while intoxicated and his motion to exclude the arresting officer's testimony regarding Rudd's performance on the horizontal gaze nystagmus (HGN) test. The State contends in three issues that the court erred by ruling: (1) "that a police officer may not lawfully...

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