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STATE v. FISHER

No. 03-04-00707-CR.

212 S.W.3d 378 (2006)

The STATE of Texas, Appellant, v. Ginger Dee Anna FISHER, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 2, 2006.

Attorney(s) appearing for the Case

Michael S. Wenk, Jason S. English, Asst. Crim. Dist. Atty., San Marcos, for Appellant.

David S. Watts, San Marcos, for Appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

DAVID PURYEAR, Justice.

The State appeals an order by the county court at law purporting to acquit appellee Ginger Dee Anna Fisher of driving while intoxicated and dismissing the cause with prejudice. In its brief, the State frames the issue as follows:

Whether the trial court, when it had no authority to be the fact finder since the State would not consent to waiving a jury trial, abused its discretion and erred by insisting that...

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