State v. Garrett

OPINION

DUGGAN, Justice.

This is an appeal by the State, pursuant to Tex.Code CRIM.P.Ann. art. 44.01(a) (Vernon Supp.1990), from an order of,the trial court setting aside an indictment.

Appellee, Craig Anthony Garrett, was indicted in three paragraphs for the first degree felony offense of aggravated delivery of a controlled substance, cocaine. See Tex.Rev.Civ.Stat.Ann. art. 4476-15, §§ 4.03(a) & (d)(3). 1 Prior to trial, the trial court granted appellee’s motion to set aside the indictment. Article 44.01(a) entitles the State “to appeal an order of a court in a criminal case if the order: (1)…