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STATE v. GUZMAN

No. 03-04-00525-CR.

182 S.W.3d 389 (2005)

The STATE of Texas, Appellant v. Alex Garcia GUZMAN, Appellee.

Court of Appeals of Texas, Austin.

December 8, 2005.

Attorney(s) appearing for the Case

James F. Booher, Asst. Criminal District Atty., San Marcos, for Appellant.

James M. Pape, San Marcos, for Appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

The State appeals orders sustaining appellee Alex Garcia Guzman's plea of former jeopardy and dismissing the indictment in this cause. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(1), (4) (West Supp. 2005). The question presented is whether Guzman's previous conviction for driving while intoxicated (DWI) is a double jeopardy bar to the instant prosecution for endangering a child. We hold that it is not and reverse...

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