Legal Opinion

State v. Shelton

Court of Appeals of Texas

Decided February 6, 1991No. 3-90-033-CRPublishedCited by 11 opinions

1Opinion of the Court

ABOUSSIE, Justice.

The State appeals the trial court’s order dismissing a criminal complaint charging the appellee, Chester Shelton, with driving while intoxicated. Tex.Code Cr.P.Ann. art. 44.01(a)(1) (Supp.1991). The judge ordered the criminal action dismissed because a witness present at the time of Shelton’s arrest was not available. We will reverse and remand the cause for trial.

Chester Shelton was arrested by Trooper Matlock of the Department of Public Safety and charged with the offense of driving while intoxicated (D.W.I.). At a pre-trial hearing on September 21, 1989, Trooper Matlock…

2Cases cited17 opinions

  1. Arizona v. YoungbloodSupreme Court of the United States · 1989
  2. United States v. Valenzuela-BernalSupreme Court of the United States · 1982
  3. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  4. State v. EavesCourt of Criminal Appeals of Texas · 1990
  5. Flores v. StateCourt of Criminal Appeals of Texas · 1972

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Davis v. StateCourt of Appeals of Texas · 1992
  2. State v. NolanCourt of Appeals of Texas · 1991
  3. State v. MoralesCourt of Appeals of Texas · 1993
  4. Edward Torres v. State, Texas Court of Appeals, 3rd District (Austin)1991
  5. Jack Warren Davis v. State, Texas Court of Appeals, 3rd District (Austin)1992

6 more not listed; retrieve them via the Exa API.

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