Casey Ray Fienen v. The State of Texas--Appeal from County Court at Law of Fannin County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 06-11-00087-CR

Case Date: 10/18/2011

Plaintiff: Casey Ray Fienen

Defendant: The State of Texas--Appeal from County Court at Law of Fannin County (Majority)

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In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-11-00087-CR
______________________________

CASEY RAY FIENEN, Appellant

V.

THE STATE OF TEXAS, Appellee



On Appeal from the County Court at Law
Fannin County, Texas
Trial Court No. 44845



Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

I. Background

Casey Ray Fienen appeals from his conviction for DWI.  Fienen was arrested by Texas Department of Public Safety Officer Carmen Barker after field sobriety tests and a portable breathalyzer test were administered.  Fienen was handcuffed and placed in the patrol vehicle after having been arrested.1  Once inside the vehicle, Barker provided the warnings required by statute to be given to an arrested person and apprised Fienen of the consequences of refusing to provide a blood or breath specimen.  After having provided the statutory warnings, Barker asked Fienen for a breath specimen.  Fienen refused.  Barker then asked Fienen for a specimen of his blood, to which he responded, .No ma

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