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STATE v. WATSON

No. 2-88-124-CR.

764 S.W.2d 2 (1988)

The STATE of Texas, Appellant, v. Michael Scott WATSON, Appellee.

Court of Appeals of Texas, Fort Worth.

December 1, 1988.

Attorney(s) appearing for the Case

Jerry Cobb, Crim. Dist. Atty., and Gwinda Burns, Asst. Crim. Dist. Atty., Denton, for appellant.

Fred Marsh, Denton, for appellee.

Before FENDER, C.J., and KELTNER and LATTIMORE, JJ.

OPINION

KELTNER, Justice.

The issue in this case is whether the State is entitled to appeal the trial court's granting of a motion to suppress during a trial on the merits in a case in which a mistrial was subsequently granted. We hold that the State is not entitled to appeal this case and therefore, we dismiss the appeal.

The State claims to be entitled to bring this appeal under article 44.01(a)(5) of the Texas Code of Criminal Procedure, which...

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