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STATE v. MOORE

No. 03-05-00395-CR.

240 S.W.3d 324 (2007)

The STATE of Texas, Appellant, v. Billy MOORE, Appellee.

Court of Appeals of Texas, Austin.

August 3, 2007.

Attorney(s) appearing for the Case

Giselle Horton, Assistant County Attorney, Austin, for state.

David M. Gonzalez, Sumpter & Gonzalez LLP, Austin, for appellee.

Before Justices PATTERSON, PURYEAR and PEMBERTON.

OPINION

DAVID PURYEAR, Justice.

A jury found appellee Billy Moore guilty of driving while intoxicated, for which the court imposed a 100-day term of incarceration. See Tex. Penal Code Ann. § 49.04 (West 2003). The trial court later granted Moore's second amended motion for new trial on the ground that the State failed to disclose material evidence to the defense. On original submission, we reversed the order on procedural grounds. State...

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