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STATE v. HERRERA

No. 08-88-00099-CR.

754 S.W.2d 795 (1988)

The STATE of Texas, Appellant, v. Jacobo Gallegos HERRERA, Appellee.

Court of Appeals of Texas, El Paso.

July 6, 1988.

Attorney(s) appearing for the Case

Phil J. Pollan, Dist. Atty., Fort Stockton, for appellant.

Tony Chavez, Chavez & Garcia, Odessa, for appellee.

Before OSBORN, C.J., and SCHULTE and FULLER, JJ.

OPINION

SCHULTE, Justice.

This is an appeal by the State from the granting of habeas corpus relief by the trial court based upon former jeopardy and collateral estoppel. We affirm.

On July 15, 1986, Appellee was indicted for deadly assault on a peace officer, alleging that on July 14, 1986, Appellee:

[D]id then and there intentionally and knowingly cause serious bodily injury to DALE STILES by...

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