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STATE v. DUKE

No. 2-99-167-CR.

59 S.W.3d 789 (2001)

The STATE of Texas, State, v. Timothy Paul DUKE, Appellee.

Court of Appeals of Texas, Fort Worth.

October 11, 2001.

Attorney(s) appearing for the Case

Bruce Isaacks, Criminal District Attorney; Kathleen Walsh, Paul Johnson, and Rick Daniel, Assistant District Attorneys, Denton, for Appellant.

Morris & Morris, L.L.P. and S. Rafe Foreman, Flower Mound, for Appellee.

EN BANC and H. TOD WEAVER, J. (Retired, Sitting by Assignment) and DAVID L. RICHARDS, J. (Sitting by Assignment).

DAVID L. RICHARDS, Justice.

OPINION ON REHEARING

We withdraw our opinion and judgment dated July 13, 2000, and substitute the following. The State appeals the trial court's order setting aside a felony indictment against appellee Timothy Paul Duke. We will reverse the trial court's order.

The procedural history of the issue presented in this appeal is somewhat complex. Appellee was charged by indictment...

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