IN RE STATE EX REL. HILBIG

Nos. 04-98-00797-CV to 04-98-00803-CV.

985 S.W.2d 189 (1998)

In re STATE of Texas ex rel. Steven C. HILBIG. Guadalupe Velarde, Defendant and Real Party in Interest. Donald Morse, Defendant and Real Party in Interest. Joe Epifanio Hernandez, Defendant and Real Party in Interest. Jesusita Sanchez, Defendant and Real Party in Interest. Arthur Ocampo, Defendant and Real Party in Interest. Juan Martinez, Defendant and Real Party in Interest. Jose Diaz Thomas, Defendant and Real Party in Interest.

Court of Appeals of Texas, San Antonio.

December 16, 1998.


Attorney(s) appearing for the Case

Margaret M. Fent, Assistant Criminal District Attorney, San Antonio, for Appellant.

Karen Amos, Mark Stevens, Brock Huffman, Law Office of Brock Huffman, Rolando Garcia, Brian C. Kimbrough, Jose M. Guerrero, Law Offices of Jose M. Guerrero, Joel Perez, Law Office of Joel Perez, Rudy Taylor Monsalvo, Rudy Taylor Monsalvo, Rudy Taylor Monsalva, P.C., San Antonio, for Appellee.

Before ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.


OPINION

PAUL W. GREEN, Justice.

The defendants and real parties in interest were convicted of driving while intoxicated (DWI), at the felony level, and were sentenced to regular probation. After the defendants completed a portion of their probation, the respondent terminated their sentences, set aside the judgments, and dismissed the indictments. Several months later, the State filed petitions for writs of mandamus and prohibition, asserting the respondent...

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