Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Johawn Coya Ross, Appellee

September 10, 19971997 Tex. Crim. App. LEXIS 63

Summary

The Texas Court of Criminal Appeals affirmed the dismissal of the State's appeal, holding that a deadly‑weapon finding is not part of a "sentence" under TEX.CODE CRIM. PROC. ANN. art. 44.01(b) and therefore the appellate court lacked jurisdiction. The majority relied on the plain‑language definition of "sentence" in art. 42.02. A dissent argued that the common meaning of "sentence" should include such findings.