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CHARLIE MACK THOMAS, JR., Appellant v. STATE OF TEXAS, Appellee

In fifteen points of error, appellant challenges 1. the trial court's denial of his motion to suppress; 2. the inclusion and exclusion of certain evidence during the guilt-innocence phase of the trial; 3. the sufficiency of the testimony of one of the witnesses involved in laying the predicate for the breath test results; 4. the exclusion of an argument about the application of the law in appellant's closing argument during the guilt-innocence phase of the trial; 5. the inclusion of certain provisions in the jury charge; and 6. the trial court's denial of his motion for mistrial for jury misconduct. The judgment of the trial court is affirmed. Houston's 1st Court of Appeals, No. 01-08-00902-CR, 11-30-2010

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OPINION

Appellant, Charlie Mack Thomas, Jr., was charged by indictment with the felony offense of driving while intoxicated.*fn1 Appellant pleaded not guilty to the charge and pleaded true to five enhancement paragraphs.*fn2 The jury found appellant guilty of the felony offense of driving while intoxicated and assessed punishment at 40 years’ confinement. In fifteen points of error, appellant challenges (1) the trial court’s denial of his motion to suppress; (2) the inclusion and exclusion of certain evidence during the guilt-innocence phase of the trial; (3) the sufficiency of the testimony of one of the witnesses involved in laying the predicate for the breath test results; (4) the exclusion of an argument about the application of the law in appellant’s closing argument during the guilt-innocence phase of the trial; (5) the inclusion of certain provisions in the jury charge; and (6) the trial court’s denial his motion for mistrial for jury misconduct.

We affirm.

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