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STATE v. DONIHOO

No. 05-94-00995-CR.

926 S.W.2d 314 (1994)

The STATE of Texas v. Mark Aaron DONIHOO.

Court of Appeals of Texas, Dallas.

December 29, 1994.

Attorney(s) appearing for the Case

Bobbie J. Peterson, Assistant County Attorney, Grayson County, Sherman, for Appellant.

Barrett Keith Brown, Law Offices of Barrett Keith Brown, Sherman, for Appellee.

Before BAKER, MALONEY, and CHAPMAN, JJ.

OPINION

MALONEY, Justice.

The trial court granted Mark Aaron Donihoo's motion for dismissal for want of prosecution and dismissed his pending criminal case. In one point of error, the State alleges the trial court cannot dismiss a criminal cause of action without the prosecutor's consent. We reverse the trial court's dismissal order.

BACKGROUND

Donihoo was charged by information with driving while intoxicated, a misdemeanor. The information...

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