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FRANCIS v. STATE

No. 02-13-00075-CR.

425 S.W.3d 554 (2014)

Roy Anthony FRANCIS, Appellant v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

February 27, 2014.

Attorney(s) appearing for the Case

Courtney Miller , Fort Worth, for Appellant.

Joe Shannon, Jr. , Criminal District Attorney, Charles M. Mallin , Chief of the Appellate Section, Tanya S. Dohoney , Sarah Peerwani Farr , Andrew M. Hunter , Assistant Criminal District Attorneys for Tarrant County, Fort Worth, for State.

PANEL: DAUPHINOT, WALKER, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. Introduction

Around 2:30 a.m. on June 23, 2012, Grapevine Police Officer David Dickinson observed a pickup truck with its fog lights on and its headlights off. He stopped the driver, Appellant Roy Anthony Francis, for driving at night without his headlights on and then arrested him for DWI. Francis filed a motion to suppress and argued at the motion hearing that his failure to use his headlights in addition to his...

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