State v. Kanapa

Appellee, Carol Ann Kanapa, moves this Court to dismiss this appeal for want of jurisdiction, asserting that the State has no right of appeal in a habeas corpus proceeding.

The State is entitled to appeal in criminal cases, as authorized by law. Tex.Const. art. 5, § 26 (Vernon 1987 & Supp.1989). Article 44.01, Tex.Code Crim.P. sets out the types of appeals permitted by the State as follows:(a) The state is entitled to appeal an order of a court in a criminal case if the order:(1) dismisses an indictment, information, or complaint or any portion of an indictment, information, or complaint;(2)…