Gene Lynn Smothers v. State

SMOTHERS V. STATE

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-056-CR

GENE LYNN SMOTHERS APPELLANT

V

THE STATE OF TEXAS STATE

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FROM COUNTY CRIMINAL COURT NO. 1 OF TARRANT COUNTY

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OPINION

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Gene Lynn Smothers appeals from his conviction for driving while intoxicated and his sentence of two years’ probation. In two points, he complains that the trial court erred by admitting evidence of the horizontal gaze nystagmus test and by admitting evidence of retrograde extrapolation in violation of Mata v. State , 46 S.W.3d 902 (Tex. Crim. App. 2001). We affirm.

Fact…