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STATE v. CARTER

No. 1317-89.

810 S.W.2d 197 (1991)

The STATE of Texas, Appellant, v. Homer CARTER, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Overruled June 12, 1991.

Attorney(s) appearing for the Case

Logene L. Foster, Sugar Land, for appellee.

Sam W. Dick, Dist. Atty., and Glenn A. Lilly and Richard A. Dawson, Asst. Dist. Attys., Richmond, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S AND APPELEE'S PETITIONS FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellee, Homer Carter, was charged by information with driving while intoxicated. Tex.Rev.Civ.Stat. art. 6701Z-l(b). He subsequently filed a timely motion to quash the information on the ground it failed to provide adequate notice of the offense charged. After a hearing, the trial court granted appellee's motion and dismissed the information. The State appealed the trial...

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