Texas Limited Right of Criminal Appeal for the State
By statute, the right of appeal afforded to the State is limited. See TEX. CODE CRIM. PROC. ANN. art. 44.01 (Vernon Supp. 2000).
Specifically, article 44.01 of the Code of Criminal Procedure provides that the State may appeal orders that:
(1) dismiss an indictment, information or complaint or any portion of an indictment, information or complaint;
(2) arrest or modify a judgment;
(3) grant a new trial;
(4) sustain a claim of former jeopardy; or
(5) grant a motion to suppress evidence, a confession, or an admission, if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case. TEX. CODE CRIM. PROC. ANN. art. 44.01(a) (Vernon 1986).
The State may also appeal a sentence on the ground that it is illegal and may appeal a ruling on a question of law if the defendant is convicted and appeals the judgment. Id. at art. 44.01(b), (c).