Lemons v. State

Appellant, who was already on probation, was charged with the murder of Mr. Stephens. Appellant’s probation was revoked, and appellant appealed. The parties have submitted their briefs, and the case awaits submission.

After appellant’s probation was revoked, he was tried on the murder charge, and at the close of the state’s case, the state moved for dismissal, which was granted. The state’s request for dismissal was prompted by its witness’s (Dr. Fahmy Malak’s) testimony that Stephens had died from a gun shot close to the head. Other state witnesses presented conflicting testimony to the…