State v. Velasquez

Keasler, J., delivered the opinion of the Court, in which Hervey, Alcala, Newell, and Walker, JJ., joined.

Victoria Velasquez timely filed a motion to suppress evidence. On the day of trial, after both sides announced ready, the trial judge decided to hear the motion to suppress before jury selection. The State objected *291under Article 28.01 of the Code of Criminal Procedure,1 claiming it had received insufficient notice of a pre-trial hearing. We hold that Article 28.01 does not entitle the State to any additional notice beyond what it received in this case.

I. FACTS AND PROCEDURAL POSTURE

A.…