Legal Opinion
State v. Gutierrez
Court of Criminal Appeals of Texas
Decided March 10, 2004No. 1592-03PublishedCited by 28 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HerveyHervey, J.
in which KELLER, PJ., MEYERS, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.
Article 44.01(a)(2), Tex.Code Crim. PROC., provides that the State may appeal a trial court’s order if the “order modifies a judgment.” We decide that this provision clearly allows the State to appeal from such an order that reduces a defendant’s sentence, and that is signed after the trial court’s plenary jurisdiction has expired.
On October 5, 2001, the trial court signed a judgment memorializing appel-lee’s sentence of two years confinement in a state jail facility for a state jail felony theft…
3Cases cited6 opinions
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. WilsonSupreme Court of the United States · 1975
- State v. MedranoCourt of Criminal Appeals of Texas · 2002
- State v. BaizeCourt of Criminal Appeals of Texas · 1998
1 more not listed; retrieve them via the Exa API.
4Cited by28 opinions
- Collins v. StateCourt of Criminal Appeals of Texas · 2007
- State v. RobinsonCourt of Criminal Appeals of Tennessee · 2016
- State v. Boyd, Texas Court of Appeals, 5th District (Dallas)2006
- State v. Mercier, Texas Court of Appeals, 13th District2005
- State v. Gutierrez, Texas Court of Appeals, 13th District2004
23 more not listed; retrieve them via the Exa API.