State v. Bragg

OPINION

TAFT, Justice.

In this case, the State appeals the trial court’s order dismissing an indictment with prejudice. The issue is whether a trial court has authority to dismiss an indictment with prejudice based on the State’s failure: (1) to amend the indictment; (2) to comply with discovery orders; and (3) to obtain additional evidence for another indictment after the case had been dismissed. We reverse.

Facts

Appellee, Marshall Jeffenn Bragg, was indicted on September 3, 1991, by a Waller County grand jury. On March 18, 1992, the State moved to dismiss the indictment without prejudice on…