Court of Criminal Appeals of Texas
The State of Texas, Appellant v. Matthew Medrano, Appellee
February 6, 20022002 Tex. Crim. App. LEXIS 23
Summary
The Court overruled State v. Roberts and held that Texas Code of Criminal Procedure article 44.01(a)(5) permits the State to appeal any adverse pre‑trial ruling that suppresses evidence, a confession, or an admission, regardless of whether the evidence was alleged to be illegally obtained. Accordingly, the State's appeal of the trial court's suppression of the identification testimony is proper, and the Court vacated the lower appellate court's dismissal and remanded for a merits determination.