State v. Sellers

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In 1987, Article V, § 26 of the Texas Constitution was amended to provide the State a right to appeal in criminal cases “as authorized by general law.” S.J.R. No. 34, 70th Leg., p. 4114, Regular Session 1987, eff. Nov. 3, 1987. The State’s right to appeal is thus a statutorily created one. Cf. Galitz v. State, 617 S.W.2d 949, at 951 (Tex.Cr.App.1981); Basaldua v. State, 558 S.W.2d 2 (Tex.Cr.App.1977). In the instant causes we are called upon to decide whether the Legislature has authorized the State to appeal from an adverse…