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TOPE v. STATE

Nos. 01-12-00959-CR, 01-12-00960-CR.

429 S.W.3d 75 (2014)

Patricia Ann TOPE, Appellant v. The STATE of Texas, Appellee.

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

Rehearing Overruled April 1, 2014.

Attorney(s) appearing for the Case

Timothy A. Hootman , Houston, TX, for Appellant.

Devon Anderson , District Attorney, Melissa P. Hervey , Assistant District Attorney, Harris County, Texas, Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and MASSENGALE.

OPINION

EVELYN V. KEYES, Justice.

Appellant, Patricia Ann Tope, was charged with the misdemeanor offenses of driving while intoxicated ("DWI") and unlawfully carrying a weapon ("UCW") in the course of driving while intoxicated. Appellant filed pretrial motions to dismiss and to conduct discovery and an evidentiary hearing related to the State's refusal to consider her for the Direct Intervention Using Voluntary Education Restitution & Treatment ("DIVERT...

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