Court of Criminal Appeals of Texas

The State of Texas v. Nancy N. Neesley, Appellee

November 7, 20072007 Tex. Crim. App. LEXIS 1560

Summary

The Court held that under Texas Transportation Code § 724.012(b) the term “specimen” means a usable sample and that only one specimen may be taken, reversing the Court of Appeals and remanding for further proceedings. Justice Johnson dissented, arguing the statute permits only one specimen and should be affirmed, while Justice Keller concurred in the judgment but offered alternative reasoning.