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KIRSCH v. STATE

No. 06-10-00071-CR.

366 S.W.3d 864 (2012)

Scott Alan KIRSCH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided May 8, 2012.

Attorney(s) appearing for the Case

Ebb B. Mobley , Longview, for appellant.

Al Davis , Asst. Dist. Atty., Marshall, for appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION ON REMAND

Opinion on Remand by Justice CARTER.

Scott Alan Kirsch was convicted of his second DWI offense and was sentenced to serve 365 days in the Harrison County Jail. On appeal, Kirsch challenges the legal and factual sufficiency of the evidence leading to the finding that he was operating his motorcycle. According to Kirsch, the motorcycle was not running and there was no evidence Kirsch did anything "other than unsuccessfully `kick start'" his...

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