State v. Muller

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellee was charged by information with operating a motor vehicle in a public place while intoxicated. Tex.Rev.Civ.Stat. art. 67011-1 et seq. Appellee filed a pretrial motion to suppress an intoxilyzer breath test result and to strike a paragraph of the state’s information. The trial court granted appellee’s motion and the State timely filed a notice of appeal, pursuant to Tex.Code Crim.Proc. art. 44.01.1 More than eight months after the original notice of appeal was filed, the State filed an amended notice of appeal with…