Can the State Appeal An Order Which Was Entered After a Trial ?
In State v. Moshene, the Dallas Court of Appeals considered a jurisdictional issue when the State sought to appeal from an order entitled, "Order Dismissing Case," which was entered after a trial on the merits. Moshene, 936 S.W.2d at 733.
There the State argued that article 44.01 gave it the ability to appeal because the trial court's order concerned the indictment and the order effectively terminated the prosecution in favor of the defendant. See id. at 734.
The court rejected this argument based on the timing of events. See id. (citing Moreno, 807 S.W.2d at 332 (prosecution is terminated whenever trial court's order forces alteration of indictment before trial )).
There the trial court's order or judgment occurred not before trial, but after the State had an opportunity to put on all of its evidence. See id.
Based on the timing of events, the court concluded that the trial court's order was, in effect, an acquittal from which the State may not appeal. Id.