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  5. 849 S.W.2d 832 (1992)
 

EX PARTE SMITH

No. 07-92-0058-CR.

849 S.W.2d 832 (1992)

Ex parte Derrick Cash SMITH.

Court of Appeals of Texas, Amarillo.

Rehearing Denied October 29, 1992.

Attorney(s) appearing for the Case

Wischkaemper & Martinez, Bill Wischkaemper, Lubbock, for appellant.

Travis Ware, Dist. Atty., Michael West, Asst. Dist. Atty., Lubbock, for appellee.

Before DODSON, BOYD and POFF, JJ.

BOYD, Justice.

Asserting four points of error, appellant Derrick Cash Smith brings this appeal from the trial court's denial of his petition for writ of habeas corpus. Appellant stands indicted with the offense of possession of a counterfeit Texas driver's license, a violation of Texas Revised Civil Statutes article 6687b1 § 44A (Vernon Supp.1992), a felony.

In four points, appellant asserts (1) he should have been prosecuted...

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