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STATE v. ROSSEAU

No. 04-10-00866-CR.

398 S.W.3d 769 (2011)

The STATE of Texas, Appellant v. Robert Louis ROSSEAU, Appellee.

Court of Appeals of Texas, San Antonio.

December 14, 2011.

Attorney(s) appearing for the Case

Angela J. Moore , Rogers & Moore of Counsel, Boerne, TX, for State of Texas.

Crystal D. Chandler , Assistant Criminal District Attorney, Cadena-Reeves Justice Center, San Antonio, TX, for Robert Louis Rosseau.

Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

The State appeals the trial court's pre-trial order quashing the portion of the indictment used to elevate each count of sexual assault from a second degree felony to a first degree felony under section 22.011(f) of the Texas Penal Code. We reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Robert Rosseau was indicted...

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