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STATE v. LEE

No. 05-96-01894-CR.

971 S.W.2d 553 (1997)

The STATE of Texas, Appellant, v. David Allan LEE, Appellee.

Court of Appeals of Texas, Dallas.

December 18, 1997.

Attorney(s) appearing for the Case

Tom O'Connell, Criminal District Attorney, Carrie Roberge Chavez, McKinney, for State.

J. Craig Jett, Dallas, for Appellee.

Before MALONEY, WHITTINGTON and BRIDGES, JJ.

OPINION

WHITTINGTON, Justice.

The State appeals the trial court's order sustaining appellee's double jeopardy claim and dismissing the indictment against him with prejudice. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(1), (4) (Vernon Supp.1998). In three points of error, the State contends the trial judge erred in (1) sustaining appellee's objection to a portion of the prosecutor's opening statement...

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