State v. Demaret

SHANNON, Chief Justice.

Appellee has filed a motion to dismiss this appeal by the State of an order suppressing evidence. Tex.Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1989). The motion raises the question whether this Court’s general authority to extend the time for filing notice of appeal, Tex.R.App.P.Ann. 41(b)(2) (Supp.1988), 1 may be exercised in such an appeal by the State.

Until November 1987, the State had no right to appeal in a criminal cause. In that month, the voters amended Article V, Section 26 of the Texas Constitution to read as follows:

The State is entitled to appeal in criminal…