State v. Mayorga

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellee was charged with resisting arrest. The trial court granted the appellee’s motion to suppress, and the State appealed the trial court’s order. The Fifth Court of Appeals reversed and remanded the cause for further proceedings. State v. Mayorga, 876 S.W.2d 176 (Tex.App. — Dallas 1994). Appellee filed petition for discretionary review, contending in her sole ground for review that Tex.Code Crim.Proc.Ann. art. 38.23 requires suppression of evidence of resisting arrest when the defendant has been illegally arrested.

Evidenc…