Fernandez v. State

OPINION

GREEN, Justice.

A jury convicted Antonio Fernandez for driving while intoxicated and the court assessed a one-year term of probation and a $450 fine. Fernandez complains the trial court erred by (1) reading back testimony in violation of article 36.28 of the Code of Criminal Procedure; (2) refusing a special instruction regarding the admissibility of intoxilyzer test results; (3) admitting evidence from an uncertified breath test, the Passive Alcohol Sensor; and (4) permitting a State witness to express a personal opinion about the alcohol concentration level at which he considers all…