State v. Brinkley

This is an appeal by the State of Texas from a pretrial order granting a motion to suppress evidence concerning the fact that the intended victim of an alleged criminal solicitation of murder was in fact later killed. This appeal by the State is made pursuant to Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (Vernon Supp.1989), which provides as follows:(a) The State is entitled to appeal an order of a court in a criminal case if the order:(5) grants a motion to suppress evidence ... if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the…