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STATE v. WHITE

No. 2-97-009-CR.

959 S.W.2d 375 (1998)

The STATE of Texas, State. v. Brandon Lachon WHITE, Appellee.

Court of Appeals of Texas, Fort Worth.

January 15, 1998.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney, Charles M. Mallin, Assistant and Chief of Appellate Section, and Danielle A. LeGault and Karen Lynn, Assistants, Fort Worth, for State.

Don Davidson, Bedford, for appellee.

Before CAYCE, C.J., and DAUPHINOT and BRIGHAM, JJ.

OPINION

CAYCE, Chief Justice.

The State brings this interlocutory appeal pursuant to article 44.01(a)(1) of the Texas Code of Criminal Procedure1 contending that the trial court erred in granting Brandon Lachon White's motion to dismiss the habitual offender paragraph from the indictment charging White with a state jail felony. The sole question before this court is whether the punishment for a state jail felony punishable under...

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