Legal Opinion
State of Texas v. Mungia, Jeremy
Court of Criminal Appeals of Texas
Decided November 5, 2003No. PD-0665-02Published
1Opinion of the Court 1
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 0665-02
THE STATE OF TEXAS, Appellant
v.
JEREMY MUNGIA, Appellee
ON PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRTEENTH COURT OF APPEALS
NUECES COUNTY
2Opinion of the Court · PricePrice, J., joined by Keller, P.J., and Meyers, Womack, Johnson, Holcomb, and Cochran, J.J.,
Keasler and Hervey, J.J., concurred in the judgment.
O P I N I O N
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…
3Cases cited5 opinions
- United States v. MorrisonSupreme Court of the United States · 1981
- State v. TerrazasCourt of Criminal Appeals of Texas · 1998
- State v. FryeCourt of Criminal Appeals of Texas · 1995
- State v. AndersonTexas Supreme Court · 1930
- State v. Mungia, Jeremy, Texas Court of Appeals, 13th District2002