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STATE v. GARCIA

No. 04-94-00341-CR.

905 S.W.2d 7 (1995)

The STATE of Texas, Appellant, v. Miguel A. GARCIA, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 10, 1995.

Discretionary Review Refused November 22, 1995.

Attorney(s) appearing for the Case

Steven C. Hilbig, Crim. Dist. Atty., San Antonio, for appellant.

Melaina L. Hood, Boerne, for appellee.

Before CHAPA, C.J., and STONE and GREEN, JJ.

OPINION

GREEN, Justice.

The State appeals from an order quashing a portion of the indictment. The issue presented to the trial court was whether, in a previous conviction, the defendant had waived his right to a jury trial in accordance with Article 1.13. The trial court found that he had not. The issue now presented to this Court is whether the trial court abused its discretion by granting the motion to quash. See Jones v. State,

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