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SETTLEMIRE v. STATE

No. 2-09-214-CR.

323 S.W.3d 520 (2010)

Mark Edward SETTLEMIRE, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing and En Banc Reconsideration Overruled April 12, 2010.

Attorney(s) appearing for the Case

Abe Factor , A. Clay Graham , Gerrard Kardonsky , Factor & Campbell, L.L.P., Fort Worth, TX, for Appellant.

Joe Shannon, Jr. , Crim. Dist. Atty., Charles M. Mallin , Asst. Crim. Dist. Atty. and Chief of the Appellate Section, C. James Gibson and Dawn Ferguson , for State.

PANEL: LIVINGSTON, C.J.; MEIER, J.; and CHARLES BLEIL (Senior Justice, Retired, Sitting by Assignment).

OPINION

CHARLES BLEIL, Senior Justice, (Retired).

I. Introduction

Mark Edward Settlemire appeals following his conviction by a jury of the misdemeanor offense of driving while intoxicated. In one point of error, he claims that the admission of his breath test results violated his right to be confronted by witnesses against him as guaranteed by the Sixth Amendment of the United States Constitution. We conclude no violation of his rights occurred...

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