Wooldridge v. State

OPINION

KELLER, PJ., MEYERS, PRICE, WOMACK, KEASLER, and COCHRAN, JJ., joined.

Article 44.01(b), Tex.Code CRiM. PROC., allows the State to “appeal a sentence in a case on the ground that the sentence is illegal.” In State v. Kersh, we decided that Article 44.01(b) authorizes the State to appeal a trial court’s decision not to consider its previous “true” findings on enhancement allegations when assessing punishment at an adjudication hearing. See State v. Kersh, 127 S.W.3d 775, 776-77 (Tex.Cr.App.2004). In this case, the Court of Appeals decided that Article 44.01(b) did not authorize the State…