State of Texas v. Neesley, Nancy N.

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1396-06

THE STATE OF TEXAS

v.

NANCY N. NEESLEY, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Price, J., delivered the opinion of the Court in which Meyers, Womack, Keasler, Holcomb and Cochran, JJ., joined. Keller, P.J., filed a concurring opinion in which Hervey, J., joined. Johnson, J., filed a dissenting opinion.

O P I N I O N

This case addresses the questions of how the term "specimen" should be interpreted in the context of § 724.012(b) of the Texas Transportation Code and how many specimens the…