State v. Brunner

OPINION

CHARLES F. CAMPBELL, 1

Former Judge, Texas Court of Appeals.

Appellee was charged by misdemeanor information with the offense of driving while intoxicated. He filed a pretrial motion to suppress a blood test result. The trial court, after postponing (on the oral motion of the State) the first hearing scheduled to dispose of the motion, reset the hearing to a later date. At this second hearing, the prosecutor again informed the trial court that it was not ready to proceed. The trial court then granted appellee’s motion to suppress the blood test. The State timely filed notice of appeal…