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LAYTON v. STATE

No. PD-408-07.

280 S.W.3d 235 (2009)

Daniel LAYTON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied April 29, 2009.

Attorney(s) appearing for the Case

W. Troy McKinney, Houston, for Appellant.

Carol M. Cameron, Asst. District Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.

OPINION

MEYERS, J., delivered the opinion of the Court, in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant, Daniel Layton, was charged with driving while intoxicated by the introduction of alcohol into the body. After a jury trial, Appellant was convicted and sentenced by the trial judge to 180 days in jail, which was probated for one year, and a $300 fine. Appellant appealed, arguing that the...

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