State v. Jose Ruiz

NUMBER 13-13-00507-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG THE STATE OF TEXAS, Appellant, v. JOSE RUIZ, Appellee. On appeal from the 25th District Court of Gonzales County, Texas. DISSENTING OPINION Before Chief Justice Valdez and Justices Benavides, and Perkes Dissenting Opinion by Justice Perkes I dissent from the majority’s opinion for two reasons. First, I believe Sergeant McBride obtained the blood sample with appellee Jose Ruiz’s implied consent. Second, I believe the totality of the circumstances in this case permit the taking of a blood sample…