State of Texas v. Wooldridge, Dwayne Heath

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0912-04

THE STATE OF TEXAS, Appellant

v.

DWAYNE HEATH WOOLDRIDGE, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE ELEVENTH COURT OF APPEALS

TAYLOR COUNTY

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

OPINION

Article 44.01(b), Tex. Code Crim. Proc., allows the State to "appeal a sentence in a case on the ground that the sentence is illegal." In State v. Kersh, we decided that Article 44.01(b) authorizes the State…