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STATE v. BARNETT

No. 3-88-074-CR.

764 S.W.2d 896 (1989)

STATE of Texas, Appellant, v. Jimmy Ray BARNETT, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Granted April 19, 1989.

Attorney(s) appearing for the Case

Dick Alcala, Dist. Atty., San Angelo, for appellant.

Theodore A. Hargrove, III, San Angelo, for appellee.

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

ON REHEARING

PER CURIAM.

The opinion of this Court filed December 21, 1988, is withdrawn and the following opinion is filed in its place.

The State appeals an order of the district court granting appellee Barnett's motion to suppress evidence. Tex.Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1988). The underlying cause is a revocation of probation proceeding, although the statement of facts reveals that the evidence suppressed also is relevant to another...

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