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STATE v. HERNDON

No. 13-02-00518-CR.

115 S.W.3d 231 (2003)

The STATE of Texas, Appellant, v. Ronald HERNDON, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled October 2, 2003.

Attorney(s) appearing for the Case

Carlos Valdez, Nueces County District Attorney, Julie K. Hampton, Assistant District Attorney, Corpus Christi, for Appellant.

Alan Clifton Gordon, Mike Hummell, Huseman & Pletcher, Corpus Christi, for Appellee.

Before Justices HINOJOSA, RODRIGUEZ, and WITTIG.

OPINION

Opinion by Justice HINOJOSA.

The State appeals from the trial court's order granting the motion for new trial of appellee, Ronald Herndon. We reverse the trial court's order granting a new trial.

A. Background and Procedural History

Appellee was charged by information with the offense of driving while intoxicated ("DWI"). The case was tried to a jury. During closing arguments, the prosecutor made a remark that defense counsel objected...

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