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  5. 753 S.W.2d 396 (1988)
 

GADDIS v. STATE

No. 995-86.

753 S.W.2d 396 (1988)

Robert Preston GADDIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 29, 1988.

Attorney(s) appearing for the Case

Wayne T. Hill, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and Calvin A. Hartmann and Jon Munier, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, First Asst. State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the misdemeanor offense of driving while intoxicated. Art. 67011-1(b), V.A.T.S.1 The court assessed punishment at six months' confinement in jail, probated for two years, and a fine of $200.00. The First Court of Appeals reversed the conviction, holding the argument of the prosecutor which referred to appellant's refusal...

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