
NO. 07-01-0002-CR



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



JANUARY 3, 2002



______________________________





JOHNNY CARL DYE, APPELLANT



V.



THE STATE OF TEXAS, APPELLEE





_________________________________



FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;



NO. 2000-434617; HONORABLE WILLIAM SHAVER, JUDGE



_______________________________



Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

I disagree with the majority’s conclusion that because Officer Watkins had not been certified by TCLEOSE as proficient to administer the HGN test at the time of appellant’s arrest, the trial court abused its discretion in admitting Watkins’s testimony as an expert on the HGN test administered to appellant.  However, I concur in the majority’s conclusion 



that the trial court erred in admitting Sheryl Ochoa’s testimony as to appellant’s blood alcohol content as of the time of his arrest and in the result reached by the majority.  



Phil Johnson

     Justice















Do not publish.  



