State v. Stanley

OPINION

Following a bench trial, the trial court granted Rebekah Faith Stanley’s motion to *517dismiss the charge against her on the grounds that the municipal ordinance on which the charge was based is unconstitutional. The State appealed under article 44.01 of the Code of Criminal Procedure. Stanley has filed a motion to dismiss the appeal contending that the State has the right to appeal only the pretrial dismissal of an indictment, information, or complaint. We will grant the motion and dismiss the appeal.

Article 44.01(a)(1) provides for an appeal by the State from an order which “dismisses an…