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STATE v. JOHNSON

No. 05-89-01433-CR.

794 S.W.2d 557 (1990)

The STATE of Texas, Appellant, v. Thomas JOHNSON, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused October 10, 1990.

Attorney(s) appearing for the Case

Ronald D. Wells, Gary A. Udashen, Dallas, for appellant.

Kathi Alyce Drew, Dallas, for appellee.

Before LAGARDE, KINKEADE and BURNETT, JJ.

OPINION

BURNETT, Justice.

The State of Texas appeals from the granting of appellee's motion to suppress evidence. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (Vernon Supp.1990). Appellee has filed a motion to dismiss for want of jurisdiction claiming that jeopardy attached in the proceedings in the trial court. We will grant the motion and dismiss the appeal.

The record reflects that appellee was indicted for possession of a controlled substance...

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