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STATE v. GUTIERREZ

No. 1592-03.

129 S.W.3d 113 (2004)

The STATE of Texas, Appellant, v. David GUTIERREZ, Appellee.

Court of Criminal Appeals of Texas.

March 10, 2004.

Attorney(s) appearing for the Case

Virginia Koblizek Burt, Corpus Christi, for Appellant.

Douglas K. Norman, Asst. DA, Corpus Christi, Matthew Paul, State's Attorney, Austin, for State.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, PJ., MEYERS, WOMACK, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

Article 44.01(a)(2), TEX.CODE CRIM. PROC., provides that the State may appeal a trial court's order if the "order modifies a judgment." We decide that this provision clearly allows the State to appeal from such an order that reduces a defendant's sentence, and that is signed after the trial court's plenary...

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