State v. Rosenbaum

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellee was indicted for perjury and aggravated perjury. Because the District Attorney could be called to testify, the district attorney moved that he and his staff be disqualified. The district judge *526granted the motion and disqualified the District Attorney and his staff from prosecuting the case. By court order, the district judge appointed a special prosecutor1 to “investigate” and “prosecute” the case. Subsequently, the trial court quashed the indictment of appellee for aggravated perjury. The State appealed the court…