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  5. 942 S.W.2d 35 (1996)
 

STATE v. YBARRA

No. 13-95-205-CR.

942 S.W.2d 35 (1996)

The STATE of Texas, Appellant, v. Guillermo YBARRA, Appellee.

Court of Appeals of Texas, Corpus Christi.

Discretionary Review Granted June 4, 1997.

Attorney(s) appearing for the Case

Theodore C. Hake, Asst. Criminal District Attorney, Rene Guerra, District & County Attorney, Edinburg, for Appellant.

Santos Maldonado, Jr., Pharr, Dorina Ramos, McAllen, for Appellee.

Before DORSEY, CHAVEZ and RODRIGUEZ, JJ.

OPINION

RODRIGUEZ, Justice.

The State of Texas appeals the granting of Guillermo Ybarra's application for writ of habeas corpus and dismissal of prosecution with prejudice. By a single point of error, the State contends Ybarra did not present a sufficient factual basis to support his application and the trial court ignored controlling case law.

The State indicted Ybarra for aggravated sexual assault and indecency with a child. Ybarra applied for...

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