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STATE v. JANICEK

No. 03-95-00324-CR.

917 S.W.2d 127 (1996)

The STATE of Texas, Appellant, v. Nadine JANICEK, Appellee.

Court of Appeals of Texas, Austin.

February 21, 1996.

Attorney(s) appearing for the Case

Hollis C. Lewis, Jr., County & District Attorney, Cameron, for appellant.

Don G. Humble, Humble & Humble, L.L.P., Cameron, for appellee.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

PER CURIAM.

The State appeals an order of the district court granting appellee's motion to suppress evidence. Tex.Code Crim.Proc.Ann. art. 44.01(a)(5). Because we conclude that the State is not entitled to appeal the order, the appeal will be dismissed.

The State is entitled to appeal an order granting a motion to suppress evidence only "if jeopardy has not attached in the case and if the prosecuting attorney certifies...

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