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STATE v. DEMARET

No. 3-88-226-CR.

764 S.W.2d 857 (1989)

The STATE of Texas, Appellant, v. Tracy DEMARET, Appellee.

Court of Appeals of Texas, Austin.

January 18, 1989.

Attorney(s) appearing for the Case

Alias Moses, Asst. County Atty., Austin, for appellant.

Randy Leavitt, Minton, Burton, Foster & Collins, Austin, for appellee.

Before SHANNON, C.J., and CARROLL and JONES, JJ.

SHANNON, Chief Justice.

Appellee has filed a motion to dismiss this appeal by the State of an order suppressing evidence. Tex.Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1989). The motion raises the question whether this Court's general authority to extend the time for filing notice of appeal, Tex.R.App.P.Ann. 41(b)(2) (Supp.1988),1 may be exercised in such an appeal by the State.

Until November 1987, the State had no right to appeal...

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