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Schultz v. State

Court of Criminal Appeals of Texas, En Banc
May 10, 1989
771 S.W.2d 549 (Tex. Crim. App. 1989)

Opinion

No. 187-87.

May 10, 1989.

Appeal from the County Court At Law, Brazos County; Claude Davis, Judge.

William W. Vance, Bryan, for appellant.

Bill Turner, Dist. Atty., Michael Hummell, Asst. Dist. Atty., Bryan, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW


Appellant was convicted by the jury of driving while intoxicated. Punishment was assessed by the court at five days in county jail.

On direct appeal, the First Court of Appeals in Houston affirmed appellant's conviction holding, in a published opinion, Schultz v. State, 725 S.W.2d 411 (Tex.App. 1987), that appellant was not entitled to an attorney under Article I, Section 10 of the Texas Constitution during the breathalyzer test. Thereafter, this Court granted appellant's petition for discretionary review in order to review the Court of Appeals decision.

Since granting this petition we have handed down Forte v. State, 759 S.W.2d 128 (Tex.Cr.App. 1988) in which we held that a defendant has no state constitutional right to have counsel present at a chemical sobriety test, therefore reaching the same result as the Court of Appeals. Accordingly, we affirm the Court of Appeals judgment.

CLINTON and TEAGUE, JJ., dissent for the reasons stated in Forte v. State, 759 S.W.2d 128 (Tex.Cr.App. 1988), and for the further reason that appellant was subjected to custodial interrogation after invoking his right to counsel.


Summaries of

Schultz v. State

Court of Criminal Appeals of Texas, En Banc
May 10, 1989
771 S.W.2d 549 (Tex. Crim. App. 1989)
Case details for

Schultz v. State

Case Details

Full title:Kenneth SCHULTZ, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: May 10, 1989

Citations

771 S.W.2d 549 (Tex. Crim. App. 1989)