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STATE v. RINEHART

No. 05-97-00053-CR.

971 S.W.2d 542 (1997)

The STATE of Texas, Appellant, v. Jimmy Franklin RINEHART, Appellee.

Court of Appeals of Texas, Dallas.

December 11, 1997.

Attorney(s) appearing for the Case

Arch McColl, III, McColl & McColloch, Dallas, for Appellee.

Tom O'Connell, Criminal District Attorney, Susan J. Barnett, Assistant Criminal District Attorney, McKinney, for State.

Before LAGARDE, MORRIS and MOSELEY, JJ.

MORRIS, Justice.

The State of Texas appeals after a jury trial in which appellee Jimmy Franklin Rinehart was found guilty of driving while intoxicated. In particular, the State appeals the trial court's decision to grant a new trial and resentence appellee to deferred adjudication community supervision. The State argues, among other things, that the trial court erred because appellee's motion for new trial was overruled by operation of law. We agree that appellee...

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