11th Court of Appeals

Eastland, Texas

Opinion

State of Texas

            Appellant

Vs.                  No. 11-04-00235-CR -- Appeal from Ector County

Timothy Armenta

            Appellee

            The State filed a notice of appeal from the trial court’s granting of a motion to suppress. Timothy Armenta has filed in this court a motion to dismiss the State’s appeal contending that the State’s notice failed to certify that the evidence suppressed was of substantial importance. State v. Riewe, 13 S.W.3d 408 (Tex.Cr.App. 2000). The State has filed a response conceding that the notice failed to invoke the jurisdiction of this court.

            The motion is granted, and the appeal is dismissed.

                                                                                    PER CURIAM

January 31, 2005

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.