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STATE v. WOFFORD

Nos. 03-99-00489-CR to 03-99-00500-CR.

34 S.W.3d 671 (2000)

The STATE of Texas, Appellant, v. Susan Bozeman WOFFORD, Carroll Edward Wofford, Benny Charles Jenkins, Clark Anthony Wilson, and Valley Vending, Inc., Appellees.

Court of Appeals of Texas, Austin.

November 30, 2000.

Attorney(s) appearing for the Case

Dan M. Hurley, Lubbock, Aaron R. Clements, Hurley, Sowder & Reyes, Lubbock, William A. Willms, Willms, Smith & Associates, L.L.P., Austin, for appellees.

John Cornyn, Atty. Gen., Andy Taylor, Asst. Atty. Gen., Shane Phelps, Deputy Atty. Gen., Gregory S. Coleman, Sol. Gen., Idolina Garcia McCullough, Asst. Sol. Gen., Stephan Smith, Austin, for appellant.

Before Justices KIDD, PATTERSON and ONION.

JOHN F. ONION, Jr., Justice (Retired).

Pursuant to appellees' motions to dismiss the indictments, the trial court conducted a pretrial evidentiary hearing. The trial court dismissed each indictment. The State appeals. See Tex.Code Crim.Proc. Ann. art. 44.01(a)(1) (West Supp.2000). The motions to dismiss were based on the claim that section 47.01(4)(B) of the Texas Penal Code2 is unconstitutionally void for vagueness as applied to...

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