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

Summary

The Court held that a deadly weapon finding is not part of a sentence under Tex.Code Crim. Proc. Ann. art. 44.01(b), so the State's appeal lacked jurisdiction and the lower court's dismissal was affirmed. The opinion relied on the plain language of art. 42.02 and the precedent Marshall. A dissent argued for a common‑usage meaning of "sentence" that would permit the appeal, and a concurrence joined the judgment but questioned the availability of mandamus relief.