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STATE v. MACIAS

No. 04-89-00259-CR.

791 S.W.2d 325 (1990)

The STATE of Texas, Appellant, v. Guadalupe MACIAS, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused September 26, 1990.

Attorney(s) appearing for the Case

Fred G. Rodriguez, Dan Maeso, Juan Chavira, Laura Booras, Criminal Dist. Attys., San Antonio, for appellant.

Lawrence L. Garcia, John Wilkerson, San Antonio, for appellee.

Before BUTTS and PEEPLES, JJ., and ONION, Assigned Justice.

OPINION

ONION, Justice.1

This is an appeal by the State from an order granting a motion for new trial. See TEX.CODE CRIM.PROC.ANN. art. 44.01(a)(3) (Vernon Supp.1990); TEX. CONST. art. V, § 26 (Vernon Supp.1990).

The State advances two points of error. First, it contends the trial court erred in granting appellee's motion for new trial because the evidence was sufficient to show "that appellee was appointed...

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