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STATE v. DELAY

Nos. 03-05-00817-CR, 03-05-00818-CR.

208 S.W.3d 603 (2006)

The STATE of Texas, Appellant, v. Thomas Dale DELAY, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Granted September 13, 2006.

Attorney(s) appearing for the Case

Ronald Earle, District Attorney, C. Bryan Case Jr., and Richard D. Reed, Asst. District Attorneys, Austin, for Appellant.

Richard P. Keeton, Nickens Keeton Lawless, Farrell & Flack, LLP, Dick Deguerin, Matt Hennessy, Deguerin, Dickson & Hennessy, Houston, William A. White, Law Office of William A. White, Stephen W. Brittain, Williams & Forsythe, Austin, for Appellee.

Before Justices B.A. SMITH, PURYEAR and WALDROP.

OPINION

BEA ANN SMITH, Justice.

The State has filed this interlocutory appeal challenging the district court's quashing of those portions of the indictments against Thomas Dale DeLay that charge him with conspiring to violate the election code. See Tex. Pen.Code Ann. § 15.02 (West 2003); Tex. Elec.Code Ann. §§ 253.003, .094, .104 (West 2003). Although the legislature amended the election code in 2003 to explicitly incorporate...

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