Stewart, Dawn Kuretsch

CourtCourt of Criminal Appeals of Texas
DecidedFebruary 18, 2004
DocketPD-0324-03
StatusPublished

This text of Stewart, Dawn Kuretsch (Stewart, Dawn Kuretsch) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Stewart, Dawn Kuretsch, (Tex. 2004).

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. 324-03

DAWN KURETSCH STEWART, Appellant



v.



THE STATE OF TEXAS, Appellee



ON DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

Womack, J., filed a concurring opinion, in which Johnson, J., joined.

I join the opinion of the Court. I write only to emphasize that, because of the peculiar procedural posture of this appeal, that opinion does not resolve the problem that faces trial courts: whether to admit breath-test results without extrapolation evidence. This appeal presents only half of the problem, relevancy. As Judge Price's opinion, post, points out, there are serious issues about the other half, weighing the relevancy value against possibly unfair prejudicial effect.

En banc.

Delivered February 18, 2004.

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