Gressett v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

A jury convicted appellant of involuntary manslaughter, found that appellant had been previously convicted of a felony, and assessed punishment at confinement for eleven years. See V.T.C.A. Penal Code, § 12.42(a). The Court of Appeals affirmed appellant’s conviction, holding that admission of his refusal to submit to a blood-alcohol test after request by a police officer was proper. Gressett v. State, 669 S.W.2d 748 (Tex.App. — Dallas 1983). The Court held that Art. I, § 10 of the Texas Constitution and Art. 38.22,…