Eisenhauer v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

This appeal is from a conviction for possession of a controlled substance, to-wit: cocaine. Following appellant’s plea of nolo contendere before the court, punishment was assessed at six years’ imprisonment, probated, and a fine of $2,000.00.

Prior to the bench trial, the' appellant filed a pre-trial motion to suppress evidence seized pursuant to his warrantless arrest and the search incident thereto. At a hearing on the motion to suppress, only one police officer testified and the motion was overruled. Thereafter…