The State of Texas v. Raudel Olivarez Solis--Appeal from County Court of Starr County

No. 04-00-00315-CR
The STATE of Texas,
Appellant
v.
Raudel Olivarez SOLIS,
Appellee
From the County Court at Law, Starr County, Texas
Trial Court No. CR-00-016
Honorable Jesus M. "Chuy" Alvarez, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice

Delivered and Filed: May 16, 2001

REVERSED AND REMANDED

The State of Texas appeals the dismissal with prejudice of the complaint and information charging Raudel Solis with possession of marihuana. When the case was called to trial, the State moved for a continuance, which the court denied. Solis then moved to dismiss the complaint and information. The court granted Solis' motion, and the State appealed. Unless requested by the State, a trial court may not dismiss a case, except when authorized by constitutional, statutory, or common law. See State v. Terrazas, 962 S.W.2d 38, 41 (Tex. Crim. App. 1998). None of the circumstances under which a trial court may dismiss a case are present here. We therefore reverse the trial court's judgment and remand the cause for further proceedings.

Sarah B. Duncan, Justice

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