Elardo v. State

OPINION

Opinion by

Justice ROSS.

Tony Roy Elardo appeals his conviction by jury trial for thirty-two counts of possession of child pornography. The sentence was enhanced to a second degree felony due to a prior felony conviction, and the jury assessed punishment at twenty years’ imprisonment. Elardo argues the trial court erred in denying the motion to suppress because 1) there was insufficient probable cause, and 2) the magistrate lacked authority to issue the warrant. We reverse the judgment of the trial court because the issuing magistrate did not have a substantial basis to determine that…