State v. Joseph Patrick Banda

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00729-CR The State of Texas, Appellant v. Joseph Patrick Banda, Appellee FROM COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY NO. 091545, HONORABLE LINDA RODRIGUEZ, JUDGE PRESIDING MEMORANDUM OPINION Appellee Joseph Patrick Banda was charged with driving while intoxicated on February 24, 2009. On October 18, 2010, the trial court dismissed the cause with prejudice to refile, over the State’s objection, based on the “State’s failure to comply with court order on discovery.” In its sole point of error, the State contends that the trial court…