Martinez v. State

By Third District, at Austin Texas Court of Appeals

Release Date: 2004-11-24
Genre: Law

Description

A jury found appellant, Octavio Martinez, guilty of driving while intoxicated. The trial court assessed punishment at one hundred and twenty days confinement, probated for one year, and fined Martinez seven hundred dollars. Martinez raises two issues in this appeal. He contends the prosecuting attorney failed to read the information in compliance with Article 36.01(a)(1) of the Texas Code of Criminal Procedure, thus committing reversible error. In addition, he claims the trial court erred in admitting retrograde extrapolation testimony of an intoxilyzer test administered sixty-two minutes after the stop, and that the intoxilyzer results were more prejudicial than probative. We affirm.

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