Legal Opinion

State v. Moreno

Court of Criminal Appeals of Texas

Decided September 23, 2009No. PD-0821-08PublishedCited by 61 opinions

1Opinion of the Court 1

*596 OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which KELLER, P.J., MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and COCHRAN, JJ., join.

Before the State rested its case-in-chief, the trial judge granted Ernesto Moreno’s motion for a directed verdict. The State appealed the judge’s ruling, but the court of appeals dismissed the case for want of jurisdiction, holding that the State lacks the statutory authority to appeal judgments of acquittal.1 We affirm the court of appeals’s judgment.

Background

Ernesto Moreno was charged with possessing cocaine, weighing four grams or more but less than 200 grams. He pled not guilty, and a jury trial…

3Cases cited25 opinions

  1. Green v. United StatesSupreme Court of the United States · 1957
  2. United States v. JornSupreme Court of the United States · 1971
  3. United States v. ScottSupreme Court of the United States · 1978
  4. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  5. United States v. BallSupreme Court of the United States · 1896

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4Cited by61 opinions

  1. York v. StateCourt of Criminal Appeals of Texas · 2011
  2. Benavidez v. StateCourt of Criminal Appeals of Texas · 2010
  3. Garner v. StateCourt of Appeals of Texas · 2017
  4. State v. BlackshereCourt of Criminal Appeals of Texas · 2011
  5. In re the Expunction of I.V.Court of Appeals of Texas · 2013

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