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HERRERA v. STATE

No. 08-98-00440-CR.

24 S.W.3d 844 (2000)

Emilio HERRERA a/k/a Emilio Armendariz, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 21, 2000.

Attorney(s) appearing for the Case

Enrique Medrano, El Paso, for Appellant.

Rebecca Estrada, Asst. Dist. Atty., Jaime E. Esparza, Dist. Atty., John L. Davis, Asst. Dist. Atty., El Paso, for State.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

DAVID WELLINGTON CHEW, Justice.

The State charged Emilio Herrera with assaulting his wife, Maria Nunez. He filed a pretrial application for writ of habeas corpus, asserting that his wife's constitutional rights as a crime victim had been violated because she wanted the case against him dismissed. The trial court held a writ hearing and Herrera introduced an affidavit from Ms. Nunez stating her desire to have the case dismissed. The...

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