State v. Rosenbaum

OPINION ON REMAND

SEARS, Justice.

Appellee was indicted for felony perjury. A portion of the indictment was later quashed by the trial court. The State appealed, and on original submission we dismissed for want of jurisdiction because the appeal had been brought by an attorney pro tem and not by the district attorney as required by Tex.Code Crim.Proc.Ann. art. 44.01(d) (Vernon Supp.1993) and State v. Muller, 829 S.W.2d 805 (Tex.Crim.App.1992). State v. Rosenbaum, 830 S.W.2d 793 (Tex.App.-Houston [14th Dist.] 1992).

The State filed a petition for discretionary review. The Court of Criminal…