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 (footnote: 1)

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I. Introduction

Appellant Brooks Edward Payne appeals his conviction for driving while intoxicated (“DWI”). 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…