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STATE v. ROBERTS

No. 1126-95.

940 S.W.2d 655 (1996)

The STATE of Texas, Appellant, v. Clortis Foston ROBERTS, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 11, 1996.

Attorney(s) appearing for the Case

Michael A. Lamson, Houston, for appellee.

Kimberly Aperauch Stelter, Assistant District Atty., Houston, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON THE STATE'S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellee was charged with misapplication of fiduciary property. Tex.Penal Code Ann. § 32.45. Appellee filed a pretrial motion requesting the exclusion of the complainant's civil deposition testimony. The trial judge granted the motion and the State appealed, contending the deposition testimony was admissible as "former testimony" under Tex. R.Crim.Evid. 804(b)(1).

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