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STATE v. CELAYA

No. 07-06-0216-CR.

205 S.W.3d 736 (2006)

The STATE of Texas, Appellant v. Ustacio CELAYA, Appellee.

Court of Appeals of Texas, Amarillo.

November 7, 2006.

Attorney(s) appearing for the Case

Jim English, Criminal District Atty., Hereford, for Appellant.

James E. Wooldridge, Attorney At Law, Amarillo, for Appellee.

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Opinion

BRIAN QUINN, Chief Justice.

The State of Texas appeals from an order granting the motion of Ustacio Celaya to quash the indictment issued against him. Through the motion, Celaya asserted that the indictment was defective because one of the prior convictions used to enhance the underlying charge of driving while intoxicated to the level of a felony was too remote. The trial court agreed. The State now argues that the decision of the trial court...

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