[Download] "Antonio Garcia V. State Texas (04/01/92)" by Court of Criminal Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Antonio Garcia V. State Texas (04/01/92)
- Author : Court of Criminal Appeals of Texas
- Release Date : January 01, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Appellee was charged with unlawful possession of a controlled substance in Penalty Group I, namely cocaine, having an aggregate weight of less than 28 grams. Tex. Health & Safety Code § 481.115. The trial court granted appellees motion to suppress the cocaine after finding it was the fruit of a search based upon a "pretext stop." The State appealed the trial courts pretrial order, pursuant to Tex. Code Crim. Proc. art. 44.01. The El Paso Court of Appeals held the trial judge had "erred as a matter of law" by granting the motion to suppress, vacated the trial courts order, and remanded the case to the trial court. State v. Garcia, 794 S.W.2d 472 (Tex.App. - El Paso 1990). We granted appellees petition to address the "pretext arrest" theory on which the court of appeals premised its holding. We will affirm.