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STATE v. KOTHE

No. 04-02-0199-CR.

123 S.W.3d 444 (2003)

The STATE of Texas, Appellant, v. Craig Allen KOTHE, Appellee.

Court of Appeals of Texas, San Antonio.

September 17, 2003.

Attorney(s) appearing for the Case

E. Bruce Curry, District Attorney, Kerrville, for Appellant.

David K. Chapman, Attorney At Law, Fort Worth, for Appellee.

Panel: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, and SANDEE BRYAN MARION, Justice.

OPINION

Opinion by PAUL W. GREEN, Justice.

ON APPELLEE'S MOTION FOR REHEARING

Craig Allen Kothe's motion for rehearing is granted. The opinion and judgment issued January 29, 2003 are withdrawn and the following is substituted.

* * *

This is the State's appeal of an order granting Craig Allen Kothe's motion to suppress evidence seized during what he alleges was an illegal detention. Tex.Crim. Proc.Code Ann. art. 44.01(a)(5)(Vernon...

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