State v. Daniel Villegas

OPINION ON MOTION

STEVEN L. HUGHES, Justice

The State of Texas is appealing a pretrial order excluding evidence in a capital murder prosecution. See Tex.Code Crim. Proc.Ann. art. 44.01(a)(5)(West Supp. 2014). Pending before the Court is a motion filed by Appellee, Daniel Villegas, to dismiss the appeal for want of jurisdiction on the ground that the prosecuting attorney failed to satisfy Article 44.01(a)(5)’s certification requirement. The motion to dismiss is denied.

Article 44.01(a)(5) provides that the State is entitled to appeal an order of a court in a criminal case if the order:(5) grants…