[Download] "Stewart v. State" by Texas Fourth District Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Stewart v. State
- Author : Texas Fourth District Court of Appeals
- Release Date : January 09, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This appeal is on remand from the court of criminal appeals. Dawn Stewart appeals her conviction for driving while intoxicated. We originally reversed the trial courts judgment, concluding that the results of Stewarts intoxilyzer breath tests were irrelevant without retrograde extrapolation testimony and constituted no evidence to show Stewart was intoxicated when she drove. Stewart v. State, 103 S.W.3d 483,486 (Tex. App.---San Antonio 2003), revd, 129 S.W.3d 93 (Tex. Crim. App. 2004). We further concluded that by admitting the breath test results, the trial court encouraged the jury to conduct its own retrograde extrapolation and to decide the case on facts not in evidence. Id. Lastly, we concluded that the admission of the breath test results without retrograde extrapolation affected Stewarts substantial rights. Id.