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STATE v. EAVES

No. 232-90.

800 S.W.2d 220 (1990)

STATE of Texas, Appellant, v. Rickey J. EAVES, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 5, 1990.

Attorney(s) appearing for the Case

Jeff Blackburn, Larry B. Ladd, Amarillo, for appellant.

Dale W. Elliott, County Atty., and T.D. Hammons, Asst. County Atty., Amarillo, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The narrow question presented in this cause is whether the State is entitled to appeal an order setting aside an information upon a finding that the statute underlying the prosecution is unconstitutional. The answer depends on whether in the circumstances of this cause the order entered "dismisses" an information within the meaning of Article 44.01(a)(1), V.A.C. C.P.

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