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STATE v. DeLEON

No. 07-97-0385-CR.

971 S.W.2d 701 (1998)

The STATE of Texas, Appellant, v. Benjamin DeLEON, Appellee.

Court of Appeals of Texas, Amarillo.

June 16, 1998.

Attorney(s) appearing for the Case

Brian Murray, Charles S. Chambers, Mike Brown, Lubbock, for appellant.

William C. Sowder, Criminal Dist. Atty., Chad E. Meacham, Asst. Criminal Dist. Atty., Lubbock, for appellee.

Before BOYD, C.J., and QUINN and REAVIS, JJ.

REAVIS, Justice.

The State of Texas brings this appeal under article 44.01 of the Code of Criminal Procedure1 challenging an order granting Benjamin DeLeon habeas corpus relief on the basis of double jeopardy. DeLeon was indicted for capital murder for allegedly suffocating his infant son.2 After defense counsel discovered during trial that the State had not made pretrial production of evidence he believed...

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