State v. Kersh

KELLER, P.J., and MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

This case presents the issue of whether the court of appeals erred in taking jurisdiction of an appeal by the State. Specifically, we must decide whether the State may appeal a trial court’s decision to ignore enhancement allegations that previously have been found to be true when assessing punishment at an adjudication hearing. The answer to this question depends upon whether such a decision is part of the “sentence” under Code of Criminal Procedure articles 42.02 and 44.01(b). Because the meaning of…