State of Texas v. Gutierrez, David

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1592-03

THE STATE OF TEXAS, Appellant

v.

DAVID GUTIERREZ, Appellee

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

NUECES COUNTY

Hervey, J., delivered the opinion of the Court in which Keller, PJ., Meyers, Womack, Johnson, Keasler, Holcomb and Cochran, JJ., joined. Price, J., concurred.

OPINION

Article 44.01(a)(2), Tex.Code Crim.Proc., provides that the State may appeal a trial court's order if the "order modifies a judgment." We decide that this provision clearly allows the State to appeal from such an order that…