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STATE v. SHELTON

No. 3-90-033-CR.

802 S.W.2d 80 (1990)

The STATE of Texas, Appellant, v. Chester SHELTON, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled February 6, 1991.

Attorney(s) appearing for the Case

Ken Oden, Travis County Atty., Alia Moses, Ann Gray, Asst. County Attys., Austin, for appellant.

Roy E. Greenwood, Austin, for appellee.

Before POWERS, GAMMAGE and ABOUSSIE, JJ.

ABOUSSIE, Justice.

The State appeals the trial court's order dismissing a criminal complaint charging the appellee, Chester Shelton, with driving while intoxicated. Tex.Code Cr.P.Ann. art. 44.01(a)(1) (Supp.1991). The judge ordered the criminal action dismissed because a witness present at the time of Shelton's arrest was not available. We will reverse and remand the cause for trial.

Chester Shelton was arrested...

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