State v. Eaves

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

The narrow question presented in this cause is whether the State is entitled to appeal an order setting aside an information upon a finding that the statute underlying the prosecution is unconstitutional. The answer depends on whether in the circumstances of this cause the order entered “dismisses” an information within the meaning of Article 44.01(a)(1), V.A.C. C.P. 1 We will hold that the order does constitute a “dismissal” such as to entitle the State to make its appeal.

I

The information charged that on or about May 6,…