State v. Mungia

OPINION

in which KELLER, P.J., and MEYERS, WOMACK, JOHNSON, HOLCOMB, and COCHRAN, J.J., joined.

This case comes before us on petition for discretionary review by the State of Texas to decide whether a trial court may dismiss an indictment, to protect a defendant from retaliation, without the consent of the State. We conclude that a trial court abuses its discretion by dismissing a charging instrument without the consent of the State to protect a defendant from retaliation in prison where no constitutional violation has occurred.

The appellee, Jeremy Mungia, was indicted on one count of murder…