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BURNS v. STATE

No. 04-08-00286-CR.

298 S.W.3d 697 (2009)

Brady Lee BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused December 9, 2009.

Attorney(s) appearing for the Case

Neil A. Calfas, Dayna L. Jones, Law Office of Neil Calfas, San Antonio, TX, for Appellant.

Enrico B. Valdez, Assistant Criminal District Attorney, San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: STEVEN C. HILBIG, Justice.

Brady Lee Burns was convicted of driving while intoxicated and punishment was assessed at 180 days confinement, probated for eighteen months, and a $1,000 fine. Burns raises two issues, arguing the trial court erred in allowing evidence of retrograde extrapolation before the jury. We affirm the trial court's judgment.

BACKGROUND

Bexar County Deputy Sheriff Forest Horecka testified that at approximately...

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