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STATE v. JOHNSON

No. PD-1387-04.

175 S.W.3d 766 (2005)

The STATE of Texas, Appellant, v. Craig Hill JOHNSON, Appellee.

Court of Criminal Appeals of Texas.

June 8, 2005.

Attorney(s) appearing for the Case

George Scharmen, San Antonio, for Appellant.

Matthew Paul, State's Atty., Matthew Paul, State's Atty., Austin, for State.

OPINION

HERVEY, J., delivered the opinion for a unanimous Court.

Article 44.01(a)(5), TEX.CODE CRIM. PROC., provides:

(a) The state is entitled to appeal an order of a court in a criminal case if the order: (5) grants 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...

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