Forte v. State

OPINION ON REMAND

FENDER, Chief Justice.

This is an ongoing appeal from a conviction for DWI wherein, upon original submission, this court disposed of all intervening points of error (adversely to appellant) and. ordered the case reversed because appellant’s rights under the sixth amendment to the Constitution of the United States were violated when he was denied the privilege of consultation with counsel before giving a breath sample to be tested for alcoholic content. See Forte v. State, 686 S.W.2d 744 (Tex.App.—Fort Worth 1985). The Court of Criminal Appeals (on discretionary review) held…