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STATE v. ALLEN

No. 13-96-595-CR.

953 S.W.2d 769 (1997)

The STATE of Texas, Appellant, v. Heather Deann ALLEN, Appellee.

Court of Appeals of Texas, Corpus Christi.

August 7, 1997.

Attorney(s) appearing for the Case

Luis V. Saenz, Yolanda De Leon, District Attorney, Robert H. Moore, Jr., Asst. County Crim. Dist. Attorney, Brownsville, for Appellant.

Reynaldo S. Cantu, Brownsville, for Appellee.

Before DORSEY, FEDERICO G. HINOJOSA, Jr. and YANEZ, JJ.

OPINION

DORSEY, Justice.

The State of Texas appeals1 from the dismissal of its case against Heather Deann Allen for driving while intoxicated. By a single point of error, the State argues the trial court abused its discretion when it found there was no evidence and dismissed the case without the permission of the prosecutor. The State argues the trial court was without authority to serve as factfinder in the case, because the...

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