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STATE v. GARRETT

No. 01-89-00919-CR.

798 S.W.2d 311 (1990)

The STATE of Texas, Appellant, v. Craig Anthony GARRETT, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 18, 1990.

Discretionary Review Granted January 30, 1991.

Attorney(s) appearing for the Case

Randy Schaffer, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., John M. Bradley, Ted Wilson, Asst. Harris County Dist. Attys., for appellee.

Before EVANS, C.J., and MIRABAL and DUGGAN, JJ.

OPINION

DUGGAN, Justice.

This is an appeal by the State, pursuant to TEX.CODE CRIM.P.ANN. art. 44.01(a) (Vernon Supp.1990), from an order of the trial court setting aside an indictment.

Appellee, Craig Anthony Garrett, was indicted in three paragraphs for the first degree felony offense of aggravated delivery of a controlled substance, cocaine. See TEX.REV.CIV.STAT.ANN. art. 4476-15, §§ 4.03(a) & (d)(3).1

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