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State v. Almendarez

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OPINION

Before Justices Yañez, Benavides, and Vela.

Appellee, Eduardo Almendarez, was charged by information with two counts of animal cruelty for the neglect of two horses. See Tex. Penal Code Ann. § 42.09(a)(2) (Vernon Supp. 2009). Almendarez filed a pre-trial motion to quash the information, contending that double jeopardy barred his prosecution. He urged that a justice court had, in a prior hearing, terminated his ownership of the horses and ordered him to pay $211.00 in restitution to Nueces County Animal Control for the expense incurred in seizing both horses. The trial court granted the motion to quash, and the State appealed*fn1 to this Court. In two issues, the State contends the doctrines of double jeopardy and collateral estoppel do not bar prosecution of Almendarez for cruelty to animals.*fn2 We reverse and remand.

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