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STATE v. SANCHEZ

No. 3-88-186-CR.

764 S.W.2d 920 (1989)

STATE of Texas, Appellant, v. Francisco SANCHEZ, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied February 22, 1989.

Attorney(s) appearing for the Case

Lance D. Sharp, Asst. Crim. Dist. Atty., San Marcos, for appellant.

Marcos Hernandez, Jr., San Marcos, for appellee.

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

ABOUSSIE, Justice.

On August 16, 1988, the trial court entered an order dismissing the information filed in this cause. On August 30, the attorney for the State filed timely notice of appeal. Tex.Code Cr.P.Ann. art. 44.01(a)(1) (Supp.1989).

The transcript in this cause was filed with the Clerk of this Court on September 8, 1988. On November 17, after being notified by the Clerk that the State's brief was overdue, the prosecuting attorney filed an untimely...

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