State v. Zachary Palmer

OPINION

ANNE GARDNER, JUSTICE

The State is attempting to appeal the trial court’s order granting Zachary Palmer’s motion to suppress. In one cross-point, Palmer asserts this court lacks jurisdiction over the State’s appeal. We agree, sustain Palmer’s cross-point, and dismiss the State’s appeal for want of jurisdiction.

The Jurisdictional Statute

Article 44.01(a)(5) of the Texas Code of Criminal/Procedure authorizes the State to appeal the granting of a motion to suppress evidence. ' Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 2014). “The prosecuting attorney may not make an appeál…