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JORDY v. STATE

No. 02-11-00377-CR.

413 S.W.3d 227 (2013)

John JORDY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

October 3, 2013.

Attorney(s) appearing for the Case

Dawn A. Moore , Boswell & Moore, P.C., Denton, for Appellant.

Paul Johnson , Criminal Dist. Atty.; Charles E. Orbison , Asst. Criminal Dist. Atty., Chief, Appellate Division; and Catherine Luft , Ryan Calvert , and Rebecca Lively , Asst. Criminal Dist. Attys. for Denton County, Denton, for the State.

PANEL: GARDNER, MEIER, and GABRIEL, JJ.

OPINION

ANNE GARDNER, Justice.

Introduction

Appellant John Jordy appeals his conviction for felony driving while intoxicated (DWI). In a single point, he contends that the trial court abused its discretion by admitting testimony describing a correlation between the horizontal-gaze-nystagmus test (HGN) and breath-test results. The State concedes that this testimony ordinarily would have been inadmissible but argues that Appellant opened the door...

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