State v. Morales

ONION, Justice (Retired).

This is an appeal by the State from the trial court’s mid-trial order granting appel-lee’s pretrial motion to dismiss the information and the cause with prejudice. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(1) (West Supp.1992). Appellee was charged by information with the offense of a Class A misdemeanor assault. Tex.Penal Code Ann. § 22.01 (West 1989). The issue presented is whether the trial court had the authority to dismiss the cause based on appellee’s dismissal motion in which he claimed his due process and due course of law rights under the federal and state…