State v. Gobel

This appeal is being dismissed for want of jurisdiction because the State failed to timely perfect its appeal under Tex.Code CRIM. PROC. art. 44.01(d) (Vernon Supp.1999). On November 5, 1998, the trial court signed an order dismissing the indictment against Appellant “with prejudice” on grounds that the indictment was presented to the grand jury after the period of limitations had expired. Tex.Code Crim. Proo. art. 28.06 (Vernon 1989). 1 Thereafter, the State had until November 20, 1998, to perfect its appeal from that order. Tex.Code Crim. Proc. art. 44.01(d) (Vernon Supp.1999). However,…