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STATE v. ALEXANDER

No. 04-88-00277-CR.

761 S.W.2d 125 (1988)

The STATE of Texas, Appellant, v. Caruthers ALEXANDER, Appellee.

Court of Appeals of Texas, San Antonio.

November 16, 1988.

Attorney(s) appearing for the Case

Fred G. Rodriguez, Lyndee Bordini, Edward Shaughnessy, III, Crim. Dist. Attys.' Office, San Antonio, for appellant.

Don Roush, Raymond E. Fuchs, San Antonio, for appellee.

Before BUTTS, CANTU and CHAPA, JJ.

OPINION

CANTU, Justice.

Pursuant to TEX.CODE CRIM.PROC. ANN. art. 44.01 (Vernon Supp.1988) the State seeks to appeal the trial court's ruling on appellee's pretrial motion entitled "Motion to Exclude Evidence of Unadjudicated Extraneous Offenses at Punishment Phase of Trial." We dismiss the appeal as premature.

Appellee is awaiting retrial for capital murder. During pretrial proceedings he filed, among other things, a motion entitled "Motion to Exclude...

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