Dahlem v. State

¶1concurring.

¶2In State v. Cox, a majority of this court held an oral ruling on the record detailing findings of fact and conclusions of law and a docket entry signed by the trial judge and granting a motion to suppress insufficient to trigger a State’s appeal under article 44.01 of the code of criminal procedure and dismissed the appeal.1 To remain consistent, we should hold here that the docket entry initialed by the trial judge and denying a motion to suppress, with no oral ruling on the record and no findings of fact or conclusions of law, is likewise insufficient to preserve Appellant’s complaint.

¶3Because the majority instead resolves the appeal on its merits, I respectfully concur.