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Contreras v. State

A 45- to 50-minute delay attributable to police efforts to save the victim's life and to police efforts to secure the scene is a "necessary" delay.

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As amended August 9, 2001.

A jury found Emi Gutierrez Contreras (“appellant”) guilty of the misdemeanor offense of driving while intoxicated (“DWI”). Appellant was fined $250.00 and sentenced to 100 days’ confinement in the Harris County jail, probated for a period of one year. She appeals her conviction on six points of error. In her first two points of error, appellant contends that the trial court erred in not allowing her to make for-cause challenges to two veniremembers. In her third through sixth points of error, appellant contends that the trial court’s decision to allow the State to use peremptory strikes on two veniremembers, after appellant lodged a Batson challenge against such strikes, was clearly erroneous under Batson and article 35.261 of the Texas Code of Criminal Procedure. We affirm.

FACTUAL BACKGROUND

 
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