GUESS v. STATE

No. 12-08-00448-CR.

419 S.W.3d 361 (2010)

Roger Dale GUESS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Discretionary Review Refused November 10, 2010.


Attorney(s) appearing for the Case

Austin R. Jackson, for appellant.

Carolyn Mills,   Michael J. West, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION

JAMES T. WORTHEN, Chief Justice.

Roger Dale Guess appeals his conviction for driving while intoxicated, a felony. In three issues, Appellant argues that the evidence was insufficient to prove that he operated a vehicle or that he was intoxicated when he did so, that the trial court erred by instructing the jury on the issue of Appellant's refusal to take a breath test, and that the trial court erred by not instructing the jury on...

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