Little v. State

OPINION

THOMAS, Chief Justice.

Jimmy Rocky Little appeals his conviction for driving while intoxicated (DWI). In two points of error, appellant complains that (1) the trial court erred in denying his motion for new trial due to a Brady violation by the State, and (2) trial counsel rendered ineffective assistance of counsel. Because we conclude the prosecution violated Brady, we reverse the trial court’s judgment and remand the cause for a new trial.

Appellant was arrested for DWI and consented to the taking of a blood sample for purposes of blood-alcohol testing. At trial, but prior to…