State v. Suzanne Wolfe

OPINION

DIANE M. HENSON, Justice.

In this prosecution for driving while intoxicated (DWI), the State appeals from the trial court’s order reconsidering and granting appellee Suzanne Wolfe’s motion to suppress evidence. See Tex. Penal Code Ann. § 49.04 (West 2008). In a single issue on appeal, the State argues that the trial court erred in reconsidering the motion and granting suppression relief. We affirm the order of the trial court.

BACKGROUND

The original hearing on Wolfe’s motion to suppress evidence was held before a visiting judge on January 14, 2004. The sole witness was Deputy Craig…