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Click here for the full text of this decision FACTS:The state timely filed a notice of appeal showing its desire to appeal from an order granting appellee’s motion to suppress evidence. Attached to the state’s notice of appeal was the elected district attorney’s affidavit certifying to the trial court that the appeal was not taken for the purpose of delay and that the suppressed evidence was of substantial importance in the case. The court of appeals dismissed the state’s appeal because this certification was not in the state’s notice of appeal. HOLDING:Reversed and remanded. The issue is whether Texas Code of Criminal Procedure Article 44.01(a)(5) requires the certification of the prosecuting attorney to be in the notice of appeal. Article 44.01(a)(5) does not require this, the court decides, noting it requires only that the state “certif[y] to the trial court that the appeal is not taken for the purpose of delay and that the evidence, confession, or admission is of substantial importance in the case.” The court of appeals relied on Johnson v. State, 84 S.W.3d 658 (Tex.Cr.App. 2002), and State v. Riewe, 13 S.W.3d 408 (Tex.Cr.App. 2000). The court finds that these cases are distinguishable. The problem in Riewe was that the state did not timely make the certification required by Article 44.01(a)(5). Riewe did not hold that the certification had to be in the notice of appeal. Johnson dealt with the requirements of a defendant’s notice of an appeal which did not require an interpretation of Article 44.01. In this case, the state complied with all legal requirements for perfecting its appeal, the court concludes. OPINION:Hervey, J., delivered the court’s opinion.

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