State v. Savage

OPINION

RICKHOFF, Justice.

The State appeals the trial court’s order granting judgment non obstante veredicto (JNOV) in favor of appellee, Johnny Horace Savage. After a jury found Savage guilty of driving while intoxicated (DWI), the trial court granted his motion for JNOV. In a prior opinion on Savage’s motion to dismiss the appeal for lack of jurisdiction, this Court found the JNOV to be, in effect, a motion for new trial, which the State was entitled to appeal under Tex.Code CRIm.PROc.Ann. art. 44.01(a)(2) (Vernon Supp.1995). State v. Savage, 905 S.W.2d 268, 272 (Tex.App.—San Antonio, 1994)…