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STATE v. DIETIKER

No. 10-10-00277-CR.

345 S.W.3d 422 (2011)

The STATE of Texas, Appellant, v. Richard Louis DIETIKER, Appellee.

Court of Appeals of Texas, Waco.

January 12, 2011.

Attorney(s) appearing for the Case

Abel Reyna , McLennan County Dist. Atty., Waco, for Appellant.

Seth A. Sutton , Waco, for Appellee.

Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.

OPINION

TOM GRAY, Chief Justice.

The State of Texas appeals from the granting of Richard Louis Dietiker's motions to suppress evidence pursuant to Code of Criminal Procedure article 38.29. After a traffic stop, Dietiker was charged with the offense of driving while intoxicated.1 TEX. PEN.CODE ANN. § 49.04 (Vernon 2003). The State complains that the trial court erred in its determination that the officer did not have a reasonable...

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