State v. Charlton

OPINION

DUGGAN, Justice.

The State appeals an order of the county court at law granting appellee’s motion for new trial. A jury found appellee, Michael Albert Charlton, guilty of driving while intoxicated and assessed his punishment at two years confinement in the county jail, probated, and a fine of $2000. The Code of Criminal Procedure expressly authorizes the State to appeal an order that grants the defendant a new trial. Tex. Code CRiM. Proc.Ann. art. 44.01(a)(3) (Vernon Supp. 1993).

In a single point of error, the State asserts the trial court abused its discretion by granting a new trial.…