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STATE v. NEWSOM

No. 08-01-00098-CR.

64 S.W.3d 478 (2001)

The STATE of Texas, Appellant, v. Larry Brandon NEWSOM, Appellee.

Court of Appeals of Texas, El Paso.

November 1, 2001.

Attorney(s) appearing for the Case

Al W. Schorre, Jr., Dist. Atty., Eric Kalenak, Asst. Dist. Atty., Midland, for appellant.

David Rogers, Brockett & Lindemood, Midland, for appellee.

Before LARSEN, McCLURE, and CHEW, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

The State of Texas appeals an order quashing the enhancement portion of the indictment against Larry Brandon Newsom. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(1)(Vernon Pamph.2001)(permitting the State to appeal an order which dismisses any portion of an indictment). The sole issue presented is whether a prior probated conviction for stalking may be utilized to enhance a stalking offense to a third degree...

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