State v. Gonzales

ON APPELLEE’S MOTION FOR REHEARING

GARCIA, Justice.

This opinion replaces our opinion issued December 23, 1992. Appellant, the State, appeals an order granting appellee’s motion to suppress evidence. Tex.Code CRIM. PRO.Ann. art. 44.01(a)(5) (Supp.1992). The underlying cause is a prosecution for a driving while intoxicated offense, and the evidence suppressed is the result of a blood test. We reverse and remand the case to the trial court.

Appellee, Justo Gonzales, was stopped by Deputy Esqueda in the early morning for speeding. The deputy smelled intoxicants on the appellee’s breath, heard a…