State v. Savage

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

A jury convicted the appellee, John Savage, of Driving While Intoxicated (DWG) pursuant to Tex. Pen.Code Ann. § 49.04 (Vernon 1995). State v. Savage, 905 S.W.2d 268, 269 (Tex.App.-San Antonio 1994, pet. granted). At the trial court’s bequest, however, the appellee moved for, and was granted, a judgment non obstante veredicto (JNOV). Id. The State appealed the trial court’s decision contending that a JNOV “is, in effect, an arrest of judgment” from which the State may appeal under Tex.Code Crim. Proc. Ann. art. 44.01(a)(2)…