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EX PARTE DOSTER

No. 10-08-00276-CR.

282 S.W.3d 110 (2009)

Ex Parte Oscar Roy DOSTER.

Court of Appeals of Texas, Waco.

Discretionary Review Granted June 10, 2009.

Attorney(s) appearing for the Case

Frank Blazek, Smither Martin Henderson & Blazek PC, John E. Wright, Law Office of John E. Wright PC, Huntsville, for relator.

Wesley H. Mau, Office of Atty. Gen., Law Enforcement Division, Austin, for respondent.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

OPINION

REX D. DAVIS, Justice.

The State's motion for rehearing is granted. The Court's Opinion and Judgment dated December 31, 2008 and the Dissenting Opinion dated December 31, 2008 are withdrawn, and this Opinion and the Judgment dated February 4, 2009, are substituted therefor.

Appellant Oscar Roy Doster is charged by indictment with capital murder. He moved to dismiss the indictment under the...

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