State of Texas v. Gabriela Terrazas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' decision, holding that a trial court lacks authority to dismiss an indictment with prejudice without the prosecutor’s consent except in limited, enumerated circumstances, and remanded the case for further proceedings. The opinion also noted that the appellate court’s de novo review of the suppression motion was dismissed without prejudice. Two dissenting judges argued that the majority’s approach was unnecessary and that the dismissal authority should remain limited.