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STATE v. McNUTT

No. 01-11-01023-CR.

405 S.W.3d 156 (2013)

The STATE of Texas, Appellant v. Rochelle McNUTT, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused May 15, 2013.

Attorney(s) appearing for the Case

Alan Curry , Assistant District Attorney, Houston, TX, for Appellant.

David Joseph Mitcham Houston, TX, for Appellee.

Panel consists of Justices BLAND, MASSENGALE, and HUDDLE.

OPINION

REBECA HUDDLE, Justice.

The State of Texas appeals the trial court's dismissal of the information charging Rochelle McNutt with the Class B misdemeanor offense of driving while intoxicated. See Tex. Penal Code Ann. § 49.04(a), (b) (West Supp.2012). McNutt was offered and accepted a chance to participate in the Harris County District attorney's pretrial diversion program known as DIVERT.

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