Brooks Edward Payne v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-100-CR

BROOKS EDWARD PAYNE APPELLANT

V

THE STATE OF TEXAS STATE

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FROM COUNTY COURT OF ARCHER COUNTY

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MEMORANDUM OPINION[1]

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I. Introduction

Appellant Brooks Edward Payne appeals his conviction for driving while intoxicated (ADWI@). In seven issues, Payne challenges the trial court=s rulings denying his motion to dismiss, his motion to suppress, his motion for a mistrial, and his requested jury charge instructions and admitting evidence about a preliminary breath test. We will affirm.

II. Factual and Procedural…