State v. David Gutierrez

NUMBER 13-02-363-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

THE STATE OF TEXAS, Appellant,

v.

DAVID GUTIERREZ, Appellee.

On appeal from the 94th District Court

of Nueces County, Texas.

OPINION ON REMAND

Before Justices Rodriguez, Castillo, and Wittig

Opinion by Justice Castillo

The State of Texas appeals the trial court's reduction of appellee David Gutierrez's sentence. On original submission, we dismissed the State's appeal after we concluded we did not have jurisdiction because the State was appealing neither an illegal sentence nor an order that arrests or modifies a…