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STATE v. ESPARZA

No. 08-10-00173-CR.

353 S.W.3d 276 (2011)

The STATE of Texas, Appellant, v. Carlos ESPARZA, Appellee.

Court of Appeals of Texas, El Paso.

October 26, 2011.

Attorney(s) appearing for the Case

Jaime E. Esparza , Dist. Atty., El Paso, for Appellant.

James D. Lucas , El Paso, for Appellee.

Before McCLURE, C.J., RIVERA, J., and CHEW, C.J., (Senior).

OPINION

GUADALUPE RIVERA, Justice.

The trial court issued an order granting, in part, Carlos Esparza's motion to suppress. The State appeals from that order. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West 2006). We reverse.

BACKGROUND

Esparza was charged by information with misdemeanor driving while intoxicated (DWI). See Tex. Penal Code Ann. § 49.04 (West 2011). The information alleged both the "per se"...

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