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eBook details

• Title: Brian D. Finley V. State Texas (04/25/91)
• Author : Fourteenth District, Houston Court of Appeals of Texas
• Release Date : January 25, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant was convicted by a jury of the misdemeanor offense of driving while intoxicated and sentenced to 365 days in the Brazoria County jail and a $1,000.00 fine, probated for twelve months. He brings six points of error, alleging that: (1) the trial court erred in overruling his objection to the jury charge on presumption of innocence and burden of proof; (2) the trial court erred in overruling his objection to the State's jury argument; (3) the trial court erred in failing to dismiss the case due to the State's failure to videotape appellant and failure to advise appellant of a right to a blood test; (4) the trial court erred in refusing his instruction to the jury that it not consider appellant's refusal to submit to a breath test; (5) the court erred in its failure to suppress testimony of the arresting officer who appellant claims was acting outside his jurisdiction; and (6) the court erred in overruling appellant's motion to exclude evidence of the Horizontal Gaze Nystagmus Test administered by the State. We affirm.

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