State v. Turner

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellee was indicted on April 14, 1992, in Cause No. 629838, for a theft allegedly committed on or about August 29, 1987. On January 11, 1993, the State filed an indictment in Cause No. 653846 also alleging ap-pellee committed a theft on or about August 29,1987, but alleging a different owner of the appropriated property. The first indictment was dismissed on January 13, 1993. On the day of trial appellee filed a Motion to Dismiss the second indictment. The trial court granted appellee’s motion and the Court of Appeals…