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STATE v. PLAMBECK

Nos. PD-0376-05, PD-0377-05.

182 S.W.3d 365 (2005)

The STATE of Texas v. Michael Kent PLAMBECK, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 23, 2005.

Attorney(s) appearing for the Case

Charles A. Banker, III, McAllen, for Appellant.

Sommer L. Hoffman, Asst. Crim. D.A., Edinburg, Matthew Paul, State's Attorney, Austin, for the State.

Before the court en banc.

KELLER, P.J., delivered the opinion of the Court in which KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

The question we confront today is whether the trial court has general authority to dismiss an indictment without prejudice in the absence of the State's consent. The answer to that question is "no." Consequently, we reverse the judgment of the court of appeals.

I. BACKGROUND

This case involved three sets of indictments charging appellee with...

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