STATE v. GARZA

No. 13-89-066-CR.

774 S.W.2d 724 (1989)

The STATE of Texas, Appellant, v. Emilio GARZA, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied August 31, 1989.


Attorney(s) appearing for the Case

Ben Euresti, Jr., County Criminal Dist. Atty., Brownsville, for appellant.

Abel Toscano, Jr., Harlingen, for appellee.

Before NYE, C.J., and SEERDEN and BENAVIDES, JJ.


OPINION

NYE, Chief Justice.

The State appeals from an order granting the defendant's motion for mistrial which was made after the jury returned a guilty verdict. We dismiss the appeal as moot.

To fully understand the State's appeal, we summarize the pertinent events. The defendant was indicted for possessing cocaine. A jury found him guilty in November 1988. At this time, the trial court ordered a presentence investigation and scheduled the punishment...

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