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STATE v. WELCH

No. 07-91-0046-CR.

810 S.W.2d 13 (1991)

The STATE of Texas, Appellant, v. Bullet Hoyt Lee WELCH, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled June 17, 1991.

Attorney(s) appearing for the Case

Dale Elliott, County Atty., Amarillo, for appellant.

Warren L. Clark, Amarillo, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.

BOYD, Justice.

In this proceeding, the State attempts to appeal from an instrument denominated, "Order Declaring Instructed Verdict." It argues that it had the right to bring this appeal pursuant to Texas Code of Criminal Procedure article 44.01(a)(1) (Vernon Supp. 1991).1 We disagree and dismiss the appeal for lack of jurisdiction.

In two points of error, the State asserts (1) the trial court abused its discretion in denying the...

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