State v. Kothe

OPINION

Opinion by

PAUL W. GREEN, Justice.

ON APPELLEE’S MOTION FOR REHEARING

Craig Allen Kothe’s motion for rehearing is granted. The opinion and judgment issued January 29, 2003 are withdrawn and the following is substituted.

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This is the State’s appeal of an order granting Craig Allen Kothe’s motion to suppress evidence seized during what he alleges was an illegal detention. Tex.CRIM. PROC.Code Ann. art. 44.01(a)(5)(Vernon 2002). Kothe was indicted for possession of a controlled substance in the amount of less than one gram. Following arraignment on this charge, the trial court…