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STATE v. ESPARZA

No. PD-1873-11.

413 S.W.3d 81 (2013)

The STATE of Texas v. Carlos ESPARZA, Appellee.

Court of Criminal Appeals of Texas.

October 30, 2013.

Attorney(s) appearing for the Case

James D. Lucas , El Paso, TX, for Appellant.

Joe J. Monsivais , Assistant District Attorney, El Paso, Lisa C. McMinn , State's Attorney, Austin, TX, for the State.

OPINION

PRICE, J., delivered the opinion of the Court in which WOMACK, JOHNSON, COCHRAN, and ALCALA, JJ., joined.

Following his arrest for the misdemeanor offense of driving while intoxicated, the appellee filed a motion to suppress "all evidence seized as a result of illegal acts by the state." Specifically, he alleged that his arrest was illegal and that the circumstances under which breath testing for blood-alcohol concentration was conducted rendered...

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