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BIRKHOLZ v. STATE

Nos. 04-06-00251-CR, 04-06-00252-CR, 04-06-00253-CR.

278 S.W.3d 463 (2009)

Scott Kelly BIRKHOLZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

January 14, 2009.

Attorney(s) appearing for the Case

Anne More Burnham, St. Mary's University School of Law, San Antonio, TX, for Appellant.

Mary Beth Welsh, Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by CATHERINE STONE, Chief Justice.

In the early morning hours of January 3, 2003, witnesses came upon a one-car accident in Helotes. They were able to pull one person, Scott Kelly Birkholz ("Birkholz"), from the burning car. The three remaining accident victims perished in the fire: Tracy Birkholz, his wife; Brandon Birkholz, his brother; and Thomas Bowen, his friend. A blood draw showed Birkholz's blood alcohol level was 0.12, and a title...

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