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SMITH v. STATE

No. 1548-02.

131 S.W.3d 502 (2004)

Eric Lenard SMITH, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 7, 2004.

Attorney(s) appearing for the Case

Tony Aninao, Houston, for appellant.

Eric Kugler, Assistant District Attorney, Houston, Matthew Paul, State's Attorney, Austin, for State.

OPINION

PRICE, J., delivered the opinion for a unanimous Court.

We granted review in this case to determine (1) whether the Court of Appeals erred in abating this case to allow the appellant to file an out-of-time motion for new trial and (2) whether the State was seeking review of an interlocutory order. After reviewing the briefs of the parties and the relevant case law, we conclude that the State is seeking review of an interlocutory order. As...

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