Berg v. State

OPINION

JUNELL, Justice.

Richard Rolff Berg appeals a conviction for possession of cocaine. The appellant was sentenced by the court to three years imprisonment, probated for three years, plus a $300 fine. In his sole point of error appellant contends the trial court reversibly erred in denying his motion to suppress cocaine obtained as a result of his unlawful arrest for public intoxication. We reverse and remand the cause for a new trial.

Appellant was arrested at an airport for public intoxication. During the search incident to his arrest a small amount of cocaine was discovered in…