Greg Abbott, Attorney General of Texas // State Bar of Texas v. State Bar of Texas// Cross-Appellee, Attorney General of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN ON REMAND NO. 03-05-00395-CR The State of Texas, Appellant v. Billy Moore, Appellee FROM THE COUNTY COURT AT LAW NO. 7 OF TRAVIS COUNTY NO. 679565, HONORABLE ELISABETH EARLE, JUDGE PRESIDING OPINION A jury found appellee Billy Moore guilty of driving while intoxicated, for which the court imposed a 100-day term of incarceration. See

Tex. Penal Code Ann. § 49.04

(West 2003). The trial court later granted Moore’s second amended motion for new trial on the ground that the State failed to disclose material evidence to the defense. On original…