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STATE v. MILLER

No. 03-02-00590-CR.

116 S.W.3d 912 (2003)

The STATE of Texas, Appellant, v. Robert Edward MILLER, Appellee.

Court of Appeals of Texas, Austin.

September 25, 2003.

Attorney(s) appearing for the Case

Giselle Horton, Assistant County Attorney, Austin, for State.

Keith S. Hampton, Austin, for Appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.

OPINION

BEA ANN SMITH, Justice.

The State's motion for rehearing is granted. The opinion and judgment dated July 11, 2003, are withdrawn.

The State appeals the county court at law's order granting appellee Robert Edward Miller's pretrial motion to suppress evidence. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp.2003). The State raises a single issue: "When a court grants a hearing on a pretrial motion to suppress, does the...

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