TX: Collateral estoppel: Acquittal midtrial after suppression was not a bar to subsequent trial with different charge because state could not appeal prior holding

Defendant was tried on the merits of a failure to identify himself case with the suppression motion included in the trial. The trial judge suppressed because the officer did not give a good basis for the stop, and then granted a directed verdict because there was no evidence. This acquittal was not collateral estoppel to a trial on subsequent charges for possession of methamphetamine because, inter alia, the first acquittal was not appealable by the state. This is an interesting and complex opinion on double jeopardy, Ashe v. Swanson, and collateral estoppel. York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011):

In light of our discussion, we reaffirm the bottom-line result in Murphy as controlling where a defendant seeks to bar the relitigation of suppression issues on the basis of double jeopardy. That is, the State is not barred by the Double Jeopardy Clause from relitigating a suppression issue that was not an ultimate fact in the first prosecution and was not an ultimate fact in the second prosecution. We overrule appellant’s second ground for review.