Texas Court of Appeals, 6th District (Texarkana) April 5, 2000, 06-99-00079-CR (State v. Kelley)

OPINION

Opinion by

Justice ROSS.

This is an appeal from the trial court’s granting of a motion for new trial in favor of the defendant, Brandon Duwane Kelley. The State appeals, contending that (1) the trial court lacked jurisdiction to grant Kelley’s motion for new trial, and in the alternative, (2) the trial court abused its discretion in granting Kelley a new trial.