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Journeycake v. State

The standard of review for a motion to suppress requires that we defer to the trial court's resolution of any conflict in the evidence.

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OPINION

Appellant, Michael Shane Journeycake, pled guilty to misdemeanor driving while intoxicated. Pursuant to a plea-bargain agreement, the trial court assessed punishment at 180 days in jail, suspended for one year of community supervision, and a $400 fine. Appellant appeals the trial court’s refusal to suppress his intoxilyzer results, raising three points of error. We address:

(1) whether the trial court erred by failing to suppress appellant’s intoxilyzer test results; (2) whether a factual sufficiency standard of review applies to a trial court’s ruling on a motion to suppress; and (3) whether we must decide the State’s burden of proof in establishing the voluntariness of consent to take an intoxilyzer test. We affirm.

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