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HUGHES v. STATE

No. 10-00-043-CR.

16 S.W.3d 429 (2000)

James Rupert HUGHES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

March 22, 2000.

Attorney(s) appearing for the Case

Joy L. Alexander, Hamilton, for appellant.

B.J. Shepherd, Dist. Atty., Martin L. Peterson, Asst. Dist. Atty., Meridian, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.

OPINION

TOM GRAY, Justice.

A man was charged with the misdemeanor offense of Driving While Intoxicated. The county attorney dismissed the complaint against him. He was then indicted for felony DWI based on the same conduct. Is the State barred from prosecuting the felony because of the previous dismissal? No. The judgment of the trial court is affirmed.

BACKGROUND

In July of 1999...

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