State v. Gutierrez

OPINION

Opinion by Justice CASTILLO.

The State of Texas appeals the trial court’s reduction of appellee David Gutierrez’s sentence. The State indicted Gutierrez for State Jail Felony Theft of between $1,500 and $20,000. On May 17, 2001, a jury found him guilty. On September 17, 2001, the trial court sentenced him to two years confinement in a state jail facility. Gutierrez timely filed a motion for new trial as well as a motion to reform the judgment. On October 10, 2001, he filed a notice of appeal. After the appellate record was filed, Gutierrez moved to withdraw his notice of appeal. On May…