The state contends on appeal that the trial court had no authority to dismiss the prosecution with prejudice without the state's consent. The trial court had the consent of the state to grant the state's motion to dismiss but had no additional authority to do so with prejudice. The trial court's order is modified to delete the phrase "with prejudice." Dallas Court of Appeals, No. 05-12-00382-CR, 10-30-2012.
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State v. Mason
Tx. App. Dist. 5
November 5, 2012
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