State v. Gutierrez

OPINION ON REMAND

CASTILLO, Justice.

The State of Texas appeals the trial court’s reduction of appellee David Gutierrez’s sentence. On original submission, we dismissed the State’s appeal after we concluded we did not have jurisdiction because the State was appealing neither an illegal sentence nor an order that arrests or modifies a judgment. State v. Gutierrez, 112 S.W.3d 203, 208 (Tex.App.-Corpus Christi 2003), rev’d, 129 S.W.3d 113 (Tex.Crim.App.2004). On the State’s petition for discretionary review, however, the court of criminal appeals held that the trial court’s order purporting to…