(DOWNLOAD) "State v. Kersh" by In the Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Kersh
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 04, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
This case presents the issue of whether the court of appeals erred in taking jurisdiction of an appeal by the State. Specifically, we must decide whether the State may appeal a trial courts decision to ignore enhancement allegations that previously have been found to be true when assessing punishment at an adjudication hearing. The answer to this question depends upon whether such a decision is part of the "sentence" under Code of Criminal Procedure articles 42.02 and 44.01(b). Because the meaning of "sentence" under these articles includes enhancement allegations, we hold that the State may appeal a trial courts failure to consider them and that the court of appeals did not err in taking jurisdiction of the States appeal in this case.