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Court of Criminal Appeals of Texas


Bartlett v. State of Texas, PD-1461-07

Conviction for felony driving while intoxicated is reversed and remanded for harm analysis where a jury instruction singling out defendant's refusal to submit to a breath test constituted an improper comment on the weight of the evidence.

Appellate Information

  • Decided 11/26/2008
  • Published 11/26/2008

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • George Scharmen, San Antonio, for Appellant., Retha Cable, Assistant District Atty., Sinton, Jeffrey L. Van Horn, State's Atty., Austin, for State.

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