In re The State of Texas--Appeal from of County

Opinion filed February 22, 2007

In The

Eleventh Court of Appeals

____________

   No. 11-07-00031-CR

__________

   IN RE THE STATE OF TEXAS

Original Mandamus Proceeding

O P I N I O N

The State of Texas through the Midland County District Attorney has filed in this court a petition for writ of mandamus. The State challenges the trial court=s order signed February 2, 2007, that grants Yvonne Lozano=s Motion in Limine No. 3 and allows Lozano the opportunity to offer into evidence in the underlying proceedings certain court records from prior proceedings in which the State asserted a position inconsistent with the position it is asserting in her proceedings. The State has not established that a writ of mandamus is appropriate. The petition is denied.

PER CURIAM

February 22, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.