State of Texas v. Garza, Juan, Iii

• Court: Court of Criminal Appeals of Texas
• Decided: April 21, 2004
• Docket: PD-1670-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. 1670-03 THE STATE OF TEXAS

v.

JUAN GARZA, III, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Per Curiam

O P I N I O N

Appellee was charged with driving while intoxicated, and the trial court granted his pretrial motion to suppress. The Court of Appeals affirmed. State v. Garza, No. 04-02-626-CR (Tex. App.- San Antonio 2003). The Court of Appeals relied on its previous opinion in Stewart v. State, 103 S.W.3d 483 (Tex. App.-San Antonio 2003), and held that the intoxilyzer results were irrelevant in the absence of retrograde extrapolation evidence and provided no evidence that Appellee was intoxicated at the time he was driving. The State filed a petition for discretionary review.

This Court recently reversed Stewart and held that intoxilyzer results are relevant without retrograde extrapolation evidence, and the "no evidence" standard of review is not the proper test for analyzing admissibility of evidence. Stewart v. State, __ S.W. 3d __ (No. 0324-03, Tex. Crim. App. , delivered March 3, 2004). At the time the Court of Appeals handed down its opinion, it did not have the benefit of our opinion in Stewart. Accordingly, we grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals, and remand to that court for reconsideration in light of our opinion in Stewart.

Delivered: April 21, 2004

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