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EX PARTE MALLARES

No. 03-96-00529-CR.

953 S.W.2d 759 (1997)

Ex parte Brian MALLARES, Appellant.

Court of Appeals of Texas, Austin.

July 3, 1997.

Attorney(s) appearing for the Case

William M. Rugeley, San Marcos, for Appellant.

Marcos Hernandez, Jr., Crim. Dist. Atty., David S. Watts, Asst. Crim. Dist. Atty., San Marcos, for State.

Before ABOUSSIE, JONES and DAVIS, JJ.

PER CURIAM.

The opinion and judgment in this cause dated May 1, 1997, are withdrawn.

By application for writ of habeas corpus, appellant sought the dismissal of a prosecution for possession of controlled substances on the ground that he had not been timely indicted. Tex.Code Crim. Proc. Ann. art. 32.01 (West 1989). The writ issued and, after a hearing, relief was denied.

1. Background.

Article 32.01 provides:

When a defendant...

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