State v. Rogers

OPINION

ADELE HEDGES, Chief Justice.

The State of Texas brings this interlocutory appeal from the trial court’s quashing of a theft indictment against appellee, Brian Rogers. In two issues, the State contends that the trial court erred (1) in determining in advance of trial whether the State’s evidence would be sufficient to prove an element of the offense and (2) in relying on defense counsel’s disputed statements in quashing the indictment. We reverse and remand.

Background

The grand jury alleged in the indictment that, over a five-and-a-half year period, appellee unlawfully acquired or…