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STATE v. FURLEY

No. 10-94-207-CR.

890 S.W.2d 538 (1994)

The STATE of Texas, Appellant v. Edward Norman FURLEY, Appellee.

Court of Appeals of Texas, Waco.

December 21, 1994.

Attorney(s) appearing for the Case

James M. Kuboviak, County Atty., Bryan, for appellant.

Kyle Hawthorne, Bruchez, Goss, Thornton, Meronoff, Michel & Hawthorne, P.C., Bryan, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

ON REHEARING

PER CURIAM.

Acting on a motion to dismiss for want of jurisdiction filed by Edmund Furley, we dismissed this cause, holding that the State's notice of appeal is defective. See TEX.CODE CRIM.PROC.ANN. art. 44.01 (Vernon Supp.1995); State v. Muller, 829 S.W.2d 805 (Tex.Crim.App.1992). We found the notice defective because the State failed to properly "certify" that the appeal was not taken for...

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