Opinion
No. 04-02-00895-CR
Delivered and Filed: September 3, 2003. DO NOT PUBLISH.
Appeal From the County Court at Law No. 4, Bexar County, Texas, Trial Court No. 767385, Honorable Sarah Garrahan-Moulder, Judge Presiding. REVERSED AND REMANDED
Sitting: Alma L. LOPEZ, Chief Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Anthony Gigliobianco ("Gigliobianco") appeals his misdemeanor conviction of driving while intoxicated. In his first issue, Gigliobianco contends that the trial court erred by admitting intoxilyzer test results in the absence of retrograde extrapolation evidence. In Stewart v. State, 103 S.W.3d 483, 486-87 (Tex.App.-San Antonio 2003, pet. granted), this court held that a trial court commits reversible error in admitting the results of a breath test in the absence of retrograde extrapolation evidence. The State acknowledges our holding in Stewart but urges us to revisit the holding. We decline to do so. Based on our holding in Stewart, we sustain Gigliobianco's first issue, reverse the trial court's judgment, and remand the cause to the trial court for a new trial. Because Gigliobianco's first issue is dispositive of the appeal, we do not address Gigliobianco's remaining issues. See Tex.R.App.P. 47.1, 47.4.