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STATE v. GARCIA GARCIA

No. 08-91-00038-CR.

810 S.W.2d 240 (1991)

The STATE of Texas, Appellant, v. Jose GARCIA GARCIA, Appellee.

Court of Appeals of Texas, El Paso.

May 22, 1991.

Attorney(s) appearing for the Case

Tracey Bright, County Atty., Odessa, for appellant.

Cliff Hardwick, Odessa, for appellee.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.

OPINION

FULLER, Justice.

This is a State appeal from an order of the trial court dismissing this prosecution due to a double jeopardy bar. We vacate the order and reinstate the prosecution.

On July 30, 1990, Appellee was charged with running a red light and driving while intoxicated. Prior to prosecution for the instant offense, Appellee was tried and convicted for the alleged traffic light violation.

This case turns upon the analysis in...

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