State v. Velasquez

I respectfully dissent and would affirm the trial court’s order granting Velasquez’s motion to suppress. Although I agree with the majority that article 28.01 requires the trial court to provide the defendant, defense counsel, and the State’s attorney with notice of the time and place of a pretrial hearing, I believe the State was on notice that the trial court had discretion to consider the defendant’s pending motion to suppress at the April 13, 2015 trial setting. I also believe article 28.01 of the Texas Code of Criminal Procedure (the “Code”) does not entitle the State to notice of “what…