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STATE v. FRENCH

No. 3-88-121-CR.

770 S.W.2d 600 (1989)

The STATE of Texas, Appellant, v. Raphel Eugene FRENCH, Appellee.

Court of Appeals of Texas, Austin.

April 19, 1989.

Attorney(s) appearing for the Case

Gary Garrison, County Atty., Odessa, for appellant.

John W. Cliff, Jr., Odessa, for appellee.

Before POWERS, GAMMAGE and JONES, JJ.

PER CURIAM.

The State appeals from an order of the trial court granting appellee's special plea of former jeopardy. Tex.Code Cr.P.Ann. art. 44.01(a)(4) (Supp.1989). The question presented is whether a pending prosecution of appellee for driving while intoxicated, 1983 Tex.Gen. Laws, ch. 303. § 3 [Tex. Rev.Civ.Stat. art. 6701l-1, since amended], is barred by his prior acquittal in a prosecution for criminally negligent homicide, Tex. Pen.Code Ann. §...

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