State v. Karl Justin Shaffer

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-92-411-CR

THE STATE OF TEXAS,

APPELLANT

vs.

KARL JUSTIN SHAFFER,

APPELLEE

FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY

NO. 2C91-100,016, HONORABLE JOHN BARINA, JUDGE PRESIDING

The State appeals from an order of the county court at law granting appellee's motion to suppress evidence. Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 1993). The underlying offense is driving while intoxicated. Tex. Rev. Civ. Stat. Ann. art. 6701l-1 (West Supp. 1993).

At approximately 4:45 a.m. on September 22, 1991, Temple police officer David…