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STATE v. DANIELS

No. 3-88-113-CR.

761 S.W.2d 42 (1988)

The STATE of Texas, Appellant, v. Pamela Board DANIELS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied December 7, 1988.

Discretionary Review Refused March 8, 1989.

Attorney(s) appearing for the Case

Bill Reimer, Co. Atty., New Braunfels, for appellant.

Mark E. Cusack, San Marcos, for appellee.

Before SHANNON, C.J., and CARROLL, J.

PER CURIAM.

The State appeals from an order of the county court at law granting appellee's motion for new trial. Tex.Code Cr.P.Ann. art. 44.01(a)(3) (Supp.1988). Appellee timely filed her motion for new trial after the trial court found her guilty of resisting arrest and assessed punishment at incarceration for three days and a $350 fine. Tex.Pen. Code Ann. § 38.03 (1974).

The motion for new trial was granted, without a hearing, the same day it was filed...

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