Gene Allen Burks v. State

OPINION

SUE WALKER, JUSTICE

I. Introduction

Appellant Gene Allen Burks appeals his conviction for driving while intoxicated (DWI)-felony repetition. See Tex. Penal Code Ann. §§ 49.04, .09 (West Supp. 2014). In a single point, he argues that the trial court erred by denying his motion to suppress blood alcohol test results obtained using the mandatory-blood-draw procedure of the Texas Transportation Code and without his consent or a valid search warrant. See Tex. Transp. Code Ann. §§ 724.011(a), 724.012(b), 724.013 (West 2011). Following the court of criminal appeals’s recent opinion in State v.…