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STATE v. HOUTH

No. 788-91.

845 S.W.2d 853 (1992)

The STATE of Texas v. Yvette Gearde HOUTH, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied January 27, 1993.

Attorney(s) appearing for the Case

Walter A. Carr, South Houston, Scott Rothenberg, Houston, for appellee.

John B. Holmes, Jr., Dist. Atty. and J. Harvey Hudson, and Mark Font, Asst. Dist. Attys., Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

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

CLINTON, Judge.

Appellee was charged by information with the offense of driving while intoxicated. Prior to trial she filed what was styled a "Motion to Dismiss with Prejudice Under Fifth Amendment and Special Plea Under Article 27.05 of the Texas Code of Criminal Procedure". The trial court treated this as a motion to dismiss and granted it as such. The State then prosecuted this appeal...

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