STATE v. SOUTHWELL

No. 10-12-00054-CR.

395 S.W.3d 189 (2012)

The STATE of Texas, Appellant v. Lindsey Brynne SOUTHWELL, Appellee.

Court of Appeals of Texas, Waco.

August 30, 2012.


Attorney(s) appearing for the Case

Rodney W. Anderson , County Attorney for Brazos County, Bryan, TX, for Appellant.

Craig M. Greaves , Attorney at Law, Bryan, TX, for Appellee.

Before Chief Justice GRAY, Justice DAVIS, and Judge GALLAGHER.


MEMORANDUM OPINION

Do not publish

TOM GRAY, Chief Justice.

Lindsey Brynne Southwell was charged with the offense of driving while intoxicated. TEX. PENAL CODE ANN. § 49.04 (West Supp.2012). She took a breath test. The day of her trial, the trial court granted her motion to suppress the breath test results. The trial court placed the burden on the State to show Southwell's "unequivocal consent" to the breath test. The State appealed. We reverse...

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