"The issue presented in the state's brief is: 'When a court grants a hearing on a pretrial motion to suppress, does the court err in suppressing the State's evidence 'based on the lack of live testimony,' without considering other, competent evidence authorized under Art. 28.01 �1(6) and proffered to meet the state's burden of establishing lawfulness?' This is not an issue article 44.01(a)(5) permits the state to raise on appeal, or this court to decide."
July 21, 2003 at 12:00 AM
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