Legal Opinion

State v. Donihoo

Texas Court of Appeals, 5th District (Dallas)

Decided December 29, 1994No. 05-94-00995-CRPublishedCited by 12 opinions

1Opinion of the Court

OPINION

MALONEY, Justice.

The trial court granted Mark Aaron Doni-hoo’s motion for dismissal for want of prosecution and dismissed his pending criminal case. In one point of error, the State alleges the trial court cannot dismiss a criminal cause of action without the prosecutor’s consent. We reverse the trial court’s dismissal order.

BACKGROUND

Donihoo was charged by information with driving while intoxicated, a misdemeanor. The information alleged that appellee committed this offense on October 6, 1991. The case was set for trial some twelve times between November 1991 and June 1994. During tMs…

2Cases cited5 opinions

  1. State v. MoralesCourt of Appeals of Texas · 1993
  2. Barre v. StateCourt of Appeals of Texas · 1992
  3. State v. FassCourt of Appeals of Texas · 1993
  4. State v. Richard Marmolejo, Texas Court of Appeals, 3rd District (Austin)1993
  5. State v. HowellCourt of Appeals of Texas · 1993

3Cited by12 opinions

  1. State v. Salinas, Texas Court of Appeals, 13th District1998
  2. Salinas, Gilbert v. State, Texas Court of Appeals, 7th District (Amarillo)2001
  3. State of Texas v. Charles Montminy, Texas Court of Appeals, 13th District2009
  4. State v. Aaron Valdez, Texas Court of Appeals, 13th District2008
  5. State v. Aaron Valdez, Texas Court of Appeals, 13th District2008

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