State v. Cleaton

OPINION

The State of Texas (“State”) appeals from the trial court’s habeas corpus judgment. Larry Clifford Cleaton (“Cleaton”) was indicted for the offense of possession of Testosterone, a controlled substance. See Tex. Health & Safety Code Ann. § 481.117(a) (Vernon Supp.1999). He filed a pre-trial application for writ of habeas corpus requesting to be discharged from prosecution because he was in lawful possession of the controlled substance. Following an evidentiary hearing, the trial court granted the requested relief and discharged Cleaton. On appeal to this Court, the State contends that…