KRAUSE v. STATE

No. PD-0819-12.

405 S.W.3d 82 (2013)

Robert Randall KRAUSE, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied August 21, 2013.


Attorney(s) appearing for the Case

John Dennis Hester Houston, TX, for Appellant.

Rachel Ann Palmer , Assistant District Attorney, Houston, TX, Lisa C. McMinn , State's Attorney, Austin, for the State.


KELLER, P.J., delivered the opinion of the Court in which JOHNSON, KEASLER, HERVEY, COCHRAN and ALCALA, JJ., joined.

After appellant was arrested for driving while intoxicated, his blood was drawn at a hospital by Rachel Lopez. Although Lopez's job title was "emergency medical technician" and she was licensed as an EMT-I, her primary duty at the hospital was to draw blood in non-emergency situations. The questions in this case are whether, under § 724.017 of...

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