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STATE v. SMITH

No. 12-00-00294-CR.

66 S.W.3d 483 (2001)

The STATE of Texas, Appellant, v. Joel David SMITH, Appellee.

Court of Appeals of Texas, Tyler.

December 19, 2001.

Attorney(s) appearing for the Case

Edward J. Marty, Smith County Crim. Dist. Atty., Tyler, for appellant.

Barry L. Goodwin, Goodwin & Goodwin, James W. Volberding, Baynham & Volberding, Tyler, for appellee.

Panel consisted of DAVIS, C.J., WORTHEN, J., and GRIFFITH, J.

SAM GRIFFITH, Justice.

The State of Texas ("State") appeals the trial court's September 18, 2000 dismissal of a misdemeanor information charging Joel David Smith ("Appellee") with driving while intoxicated. The State raises one issue on appeal. We affirm.

BACKGROUND

Appellee was charged on June 27, 1995, with driving while intoxicated. The case was set for trial the first time on November 20, 1995. Over the next five years, the case was repeatedly...

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