Gigliobianco v. State

OPINION

Opinion by

SANDEE BRYAN MARION, Justice.

This appeal is on remand from the Texas Court of Criminal Appeals. On original submission, we held that the trial court committed reversible error in admitting the results of a breath test in the absence of retrograde extrapolation citing this court’s opinion in Stewart v. State, 103 S.W.3d 483 (Tex.App.-San Antonio 2003), rev’d, 129 S.W.3d 93 (Tex.Crim.App.2004). After reversing this court’s opinion in Stewart, the Texas Court of Criminal Appeals vacated our judgment in the instant appeal and remanded the eause to this *140court for reconsideration…