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WOOLDRIDGE v. STATE

No. PD-0912-04.

158 S.W.3d 484 (2005)

Dwayne Heath WOOLDRIDGE, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 9, 2005.

Attorney(s) appearing for the Case

Richard C. Mabry, Abilene, for Appellant.

Jeffrey L. Van Horn, First Assist. St. Atty., Matthew Paul, State's Attorney, Austin, for State.

OPINION

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

Article 44.01(b), Tex.Code Crim. Proc., allows the State to "appeal a sentence in a case on the ground that the sentence is illegal." In State v. Kersh, we decided that Article 44.01(b) authorizes the State to appeal a trial court's decision not to consider its previous "true" findings on enhancement allegations...

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