COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00407-CR
The State of Texas § From the 271st District Court
§ of Wise County (CR17613)
§ August 4, 2016
v. § Opinion by Chief Justice Livingston
§ Dissent by Justice Dauphinot
§ Concurrence by Justice Sudderth
Frank Empey § (p)
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s order. It is ordered that the trial court’s order
granting appellee’s motion to dismiss the indictment is reversed, and we remand
this case to the trial court for further proceedings.
It is further ordered that the State of Texas shall pay all of the costs of this
appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Terrie Livingston
Chief Justice Terrie Livingston