STATE v. SUSTAITA

Nos. 01-03-00180-CR, 01-03-00181-CR.

186 S.W.3d 1 (2004)

The STATE of Texas, Appellant, v. Ruth Molina SUSTAITA, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

September 2, 2004.


Attorney(s) appearing for the Case

Jeffrey D. Kyle, Assistant District Attorney, Jeri Yenne, Criminal District Attorney, Angleton, for appellant.

Kimberly De La Garza, Seguin, Norman J. Silverman, Houston, for appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.


OPINION ON MOTION FOR REHEARING

SHERRY RADACK, Chief Justice.

Appellee, Ruth Molina Sustaita, has filed a motion for rehearing, which we DENY. However, we withdraw our opinion of April 29, 2004, and issue this opinion in its stead. Our judgments of April 29, 2004, remain unchanged.

The State brings two interlocutory appeals pursuant to article 44.01(a)(1) of the Texas Code of Criminal Procedure. The sole issue on appeal is whether the...

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