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CUMMINGS v. STATE

No. 14-10-00107-CR.

401 S.W.3d 127 (2011)

Jimmy Ferrell CUMMINGS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Refused October 19, 2011.

Attorney(s) appearing for the Case

Douglas M. Durham , Houston, for Appellant.

Eric Kugler , Houston, for the State.

Panel consists of Justices ANDERSON, FROST, and BROWN.

MAJORITY OPINION

KEM THOMPSON FROST, Justice.

Appellant Jimmy Ferrell Cummings appeals his conviction for the felony offense of driving while intoxicated, claiming the trial court committed fundamental error by failing to provide sua sponte a jury instruction under article 38.23 of the Texas Code of Criminal Procedure. This statute prohibits the admission of evidence obtained in violation of state or federal law and mandates a jury instruction when the evidence...

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