Ex parte Alvear

OPINION

REX D. DAVIS, Justice

Appellant Mark Alvear was charged by information with driving while intoxicated. The information, filed on August 13, 2012, alleged that Alvear, “on or about the 14th day of July, A.D.2012, did then and there operate a motor vehicle in a public place while the said defendant' was intoxicated.” The State subsequently filed a motion to dismiss the cause, giving the reason: “officer deployed to' Afghanistan,' will refile upon hi's return.”' On November 30, 2012, the trial court signed ah order dismissing the cause.

On August 25, 2014, Alvear was again charged by…