STATE v. ROGERS

No. 14-04-00028-CR.

138 S.W.3d 524 (2004)

The STATE of Texas, Appellant, v. Brian ROGERS, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled July 15, 2004.


Attorney(s) appearing for the Case

William J. Delmore, III, Houston, for appellants.

Christopher M. Flood, Houston, for appellees.

Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.


OPINION

ADELE HEDGES, Chief Justice.

The State of Texas brings this interlocutory appeal from the trial court's quashing of a theft indictment against appellee, Brian Rogers. In two issues, the State contends that the trial court erred (1) in determining in advance of trial whether the State's evidence would be sufficient to prove an element of the offense and (2) in relying on defense counsel's disputed statements in quashing the indictment. We reverse...

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