State v. Gallaher

OPINION

FONES, Justice.

The State pursued a T.R.A.P. 3 appeal to the Court of Criminal Appeals from the action of the trial judge in granting defendant’s pre-trial motion to strike from the indictment the allegation of a prior DUI conviction, thus changing the indictment from a second offense to a first offense DUI.

The Court of Criminal Appeals correctly held that the trial judge’s order was not a final judgment and did not amount to a dismissal of the indictment. The Rule 3 appeal was dismissed and the State seeks a review of that action in this Court.

The State should have pursued a Rule 10…