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VARGAS v. STATE

No. 04-07-00618-CR.

271 S.W.3d 338 (2008)

Jeovany VARGAS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

August 27, 2008.

Attorney(s) appearing for the Case

Lori O. Rodriguez, Assistant Public Defender, San Antonio, TX, for Appellant.

Helen Petry, Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN A. ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Appellant Jeovany Vargas was convicted by a jury for the offense of driving while intoxicated and the trial court assessed punishment at one year in the county jail, probated for a term of two years and a $1,000.00 fine. Vargas's sole point on appeal is that the trial court's instruction, that the jury may consider Vargas's refusal to submit to a breath test...

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