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STATE v. BARRAGAN

No. 10-12-00100-CR.

421 S.W.3d 16 (2013)

The STATE of Texas, Appellant v. Rolando BARRAGAN, Appellee.

Court of Appeals of Texas, Waco.

July 25, 2013.

Attorney(s) appearing for the Case

Abel Reyna , McLennan County Dist. Atty., Alex Bell , McLennan County Asst. Dist. Atty., Waco, for Appellant.

Walter M. Reaves Jr. , Waco, for Appellee.

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

OPINION

TOM GRAY, Chief Justice.

Rolando Barragan was convicted by a jury of two counts of indecency with a child by contact and sentenced to 13 years in prison for each count. TEX. PENAL CODE ANN. § 21.11 (West 2011). The victim was Barragan's son. Barragan filed a motion for new trial which the trial court granted. The State appeals. TEX.CODE CRIM. PROC. ANN. art. 44.01(a)(3) (West 2006). Because the trial court abused its discretion in granting a...

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