in Re the State of Texas

Opinion

Opinion filed February 22, 2007

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Do not publish.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.