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STATE v. HENSLEY

No. 09-90-225 CR.

810 S.W.2d 20 (1991)

The STATE of Texas, Appellant, v. Bradley Eugene HENSLEY, Appellee.

Court of Appeals of Texas, Beaumont.

Discretionary Review Granted September 11, 1991.

Attorney(s) appearing for the Case

D.C. "Jim" Dozier, County Atty., Robert Bartlett, Asst. County Atty., Conroe, for State.

Gary C. Bowers, Humble, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, J., concur.

OPINION

BURGESS, Justice.

The State of Texas appeals a dismissal with prejudice on a special plea of double jeopardy. The information charged Bradley Eugene Hensley "did then and there unlawfully, while intoxicated, ... drive and operate a motor vehicle in a public place." Appellee moved to dismiss on the grounds that he had previously been convicted of "failure to maintain a single marked lane," an offense arising...

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