Epperson v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for driving while intoxicated. The penalty was assessed at three days’ imprisonment and a $500.00 fine.

Appellant’s first ground of error claims that the State failed to establish the predicate for the admissibility of State’s Exhibit No. 1, a Texas Department of Public Safety breathalyzer operational checklist for the administration of a breathalyzer examination on Thomas Brooks Epperson on December 31, 1975.

Article 3737e, Y.A.C.S., provides, in pertinent part:

Section 1. A memorandum or record of an act, event or condition shall,…