Stevenson v. State

OPINION ON REMAND

BARBER, Justice.

Robert Lee Stevenson was convicted by a jury of driving while intoxicated. Punishment was assessed at sixty days’ confinement, probated for two years, and a $250 fine. On original submission, appellant raised several complaints, including the admission of the intoxilyzer results into evidence.

Appellant asserted that the intoxilyzer results were not admissible because they were hearsay and not admissible under Texas Rule of Criminal Evidence 803(6) (Business Records exception). This Court held that Texas Revised Civil Statute article 6701Í-5, section three 1…