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STATE v. RODRIGUEZ

No. PD-0463-08.

339 S.W.3d 680 (2011)

The STATE of Texas v. Roman RODRIGUEZ, Appellee.

Court of Criminal Appeals of Texas.

April 6, 2011.

Attorney(s) appearing for the Case

John J. Ritenour, Jr. , San Antonio, for Appellant.

Kevin P. Yeary , Asst. Crim. D.A., San Antonio , Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court in which KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER and HERVEY, JJ., joined.

Roman Rodriguez was charged with recklessly discharging a firearm.1 The State's information alleged that Mr. Rodriguez recklessly discharged a firearm "by pulling the trigger on a firearm which contained ammunition and was operable." The trial judge granted the defendant's Motion to...

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