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STATE v. CABRERA

No. 13-99-594-CR.

24 S.W.3d 528 (2000)

The STATE of Texas, Appellant, v. Gerardo P. CABRERA, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled August 17, 2000.

Attorney(s) appearing for the Case

Rolando Garza, Asst. Dist. Atty., Theodore C. Hake, Asst. Crim. Dist. Atty., Edinburg, for the State.

Israel Ramon, Jr., Law Offices of Israel Ramon, Jr., Jeanne E. Holmes, McAllen, for Appellee.

Before Justices HINOJOSA, CHAVEZ, and RODRIGUEZ.

OPINION

NELDA V. RODRIGUEZ, Justice.

Appellant, the State of Texas, appeals from the trial court's granting of habeas corpus relief. By two points of error, the State contends the trial court erred (1) in concluding the prosecutor was reckless in causing a mistrial, and (2) by following the recklessness prosecutorial misconduct standard in Bauder v. State, 921 S.W.2d 696 (Tex.Crim.App.1996), rather than the federal...

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