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Court of Criminal Appeals of Texas


STATE OF TEXAS v. GUTIERREZ, 1592-03

Article 44.01(a)(2) of the Code of Criminal Procedure, providing that the State may appeal a trial court's order if the order "modifies a judgment," clearly allows the State to appeal from an order that reduces a defendant's sentence, and that is signed after the trial court's plenary jurisdiction has expired.

Appellate Information

  • Decided 03/10/2004
  • Published 03/10/2004

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • Virginia Koblizek Burt, Corpus Christi, for Appellant., Douglas K. Norman, Asst. DA, Corpus Christi, Matthew Paul, State's Attorney, Austin, for State.

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