State v. Frye

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

Appellee was charged by indictment with felony theft of services under Section 31.04 of the Texas Penal Code. The trial court granted appellee’s motion to dismiss the indictment with prejudice and the State appealed. The Fourteenth Court of Appeals affirmed the trial court’s order. State v. Frye, 846 S.W.2d 443 (Tex.App. — Houston [14th Dist.] 1992). The State and appellee presented separate petitions for discretionary review to this Court. We granted only the State’s petition for discretionary review to determine whether the…