The State of Texas v. David Shawn Chapa Appeal from 212th District Court of Galveston County (memorandum opinion per curiam)

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Opinion issued October 30, 2014 In The Court of Appeals For The First District of Texas NO. 01-13-01069-CR THE STATE OF TEXAS, Appellant V. DAVID SHAWN CHAPA, Appellee On Appeal from the 212th District Court Galveston County, Texas Trial Court Case No. 12CR0527 MEMORANDUM OPINION Appellee, David Shawn Chapa, stands charged by indictment with the offense of driving while intoxicated. 1 The State perfected an interlocutory appeal 1 See TEX. PENAL CODE ANN. ยงยง 49.04, 49.09 (Vernon Supp. 2014). from the trial court s order granting appellee s motion to suppress evidence. 2 After the record was filed, the State filed a motion to dismiss its appeal on the ground that this Court lacks jurisdiction to hear the appeal.3 No opinion has issued. See TEX. R. APP. P. 42.2. We grant the State s motion and dismiss the appeal for lack of jurisdiction. We dismiss all other pending motions as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Keyes. Do not publish. TEX. R. APP. P. 47.2(b). 2 See TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5) (Vernon Supp. 2014) (providing for State s appeal from order granting motion to suppress evidence if jeopardy has not attached in the case and if the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay and that the evidence . . . is of substantial importance ). 3 See TEX. R. APP. P. 42.2; State v. Redus, S.W.3d , Nos. PD-0067-14, PD0069-14, 2014 WL 4996396, at *3 4 (Tex. Crim. App. Oct. 8, 2014) (holding omission of certifications required by article 44.01(a)(5) constitutes substantive defect that deprives appellate court of jurisdiction); State v. Jackson, 916 S.W.2d 93, 94 (Tex. App. Houston [1st Dist.] 1996, no pet.) (same). 2

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