Stewart v. State

OPINION

Opinion by

CATHERINE STONE, Justice.

This appeal is on remand from the court of criminal appeals. Dawn Stewart appeals her conviction for driving while intoxicated. We originally reversed the trial court’s judgment, concluding that the results of Stewart’s intoxilyzer breath tests were irrelevant without retrograde extrapolation testimony and constituted no evidence to show Stewart was intoxicated when she drove. Stewart v. State, 103 S.W.3d 483, 486 (Tex.App.-San Antonio 2003), rev’d, 129 S.W.3d 93 (Tex.Crim.App.2004). We further concluded that by admitting the breath test results, the…