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HEIMLICH v. STATE EX REL. ABBOTT

No. 03-02-00151-CV.

107 S.W.3d 643 (2003)

Edmund Bryan HEIMLICH, Appellant, v. STATE of Texas, by and through Greg ABBOTT, the Attorney General, Appellee.

Court of Appeals of Texas, Austin.

January 30, 2003.

Attorney(s) appearing for the Case

Edmund Bryan Heimlich, Houston, pro se.

Seth Byron Dennis, Asst. Atty. Gen., Austin, for appellee.

Before Justices KIDD, B.A. SMITH and YEAKEL.

OPINION

BEA ANN SMITH, Justice.

Edmund Brian Heimlich appeals the summary judgment denying his request for damages due to wrongful imprisonment. We will affirm the judgment in part, reverse the judgment in part, and remand the cause for further proceedings.

BACKGROUND

Heimlich was convicted of theft and was sentenced to four years in prison. Heimlich v. State,

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