Small v. State

I agree with the majority’s conclusion that the trial judge properly denied Appellant’s motion to suppress. However, I would find that we have jurisdiction to consider Appellant’s complaint of errors occurring at the adjudication hearing. Although this court has held that the prohibition of appeal from an adjudication hearing is nearly absolute,1 we were in error to do so.

The court of criminal appeals has stated, in unequivocal terms, that an appellate court may consider certain issues arising from the adjudication hearing: “[A]n appellate court must sort out various rulings a trial court may…