Kercho v. State

OPINION

ANDERSON, Justice.

Christie M. Kercho appeals her conviction for driving while intoxicated. She raises three points of error. First, she argues that the trial court erroneously refused to instruct the jury that it could disregard evidence that was unlawfully obtained pursuant to article 38.23 of the Texas Code of Criminal Procedure. Second, she contends that the trial court erred when it admitted into evidence the intoxilyzer slips from two invalid intoxi-lyzer tests despite the State’s failure to establish that the intoxilyzer operator was qualified or that he followed the Department…