State v. Engelking

OPINION ON APPELLEES’ PETITIONS FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellees stand charged in cause numbers 516,136 and 516,042 before the 177th District Court with Possession of Methamphetamine consisting of less than 28 grams. Both filed pretrial motions to dismiss these indictments on the ground of prior acquittal. After a hearing, the trial judge granted the motions and ordered both indictments dismissed. The State appealed to the First Court of Appeals, which reversed the trial court and ordered that the indictments be reinstated. State v. Engelking, 771 S.W.2d 213 (Tex.App. —…