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STATE v. GRAY

No. 3-90-180-CR.

801 S.W.2d 10 (1990)

STATE of Texas, Appellant, v. Charles Michael GRAY, Appellee.

Court of Appeals of Texas, Austin.

December 12, 1990.

Attorney(s) appearing for the Case

David M. Williams, County Atty., San Saba, for appellant.

Ross G. Lavin, Jr., Burnet, for appellee.

Before CARROLL, ABOUSSIE and JONES, JJ.

PER CURIAM.

On February 8, 1990, a complaint and information were filed accusing appellee of driving while intoxicated, first offense. Tex.Rev.Civ.Stat.Ann. art. 6701l -1 (Supp. 1991). On August 20, 1990, the trial court ordered the prosecution dismissed on appellee's motion. The State appeals from this order. Tex.Code Cr.P.Ann. art. 44.01(a)(1) (Supp. 1991).

The motion to dismiss stated as its ground that "the information ... is fatally defective because...

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