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STATE v. HERNANDEZ

No. 04-11-00796-CR.

395 S.W.3d 258 (2012)

The STATE of Texas, Appellant v. Priscilla Aguilar HERNANDEZ, Appellee.

Court of Appeals of Texas, San Antonio.

November 28, 2012.

Attorney(s) appearing for the Case

Amos L. Barton , District Attorney, Kerrville, TX, for Appellant.

Angela J. Moore , Attorney at Law, Rogers & Moore of Counsel, Boerne, TX, for Appellee.

Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: PHYLIS J. SPEEDLIN, Justice.

The State appeals the trial court's pre-trial order quashing the indictment based on inadequate notice to the defendant of the particular bigamous conduct under section 25.01 of the Penal Code used to elevate the offense of sexual assault from a second degree to a first degree felony. TEX. PENAL CODE ANN. §§ 22.011(f), 25.01 (West 2011 & West Supp.2012). We reverse and remand for further proceedings...

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