Angulo v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was found guilty, after a plea of nolo contendere, of possession of a controlled substance with the intent to deliver. He was sentenced to three years incarceration in the Texas Department of Corrections pursuant to a plea bargain agreement. Appellant filed a “Motion to Suppress” prior to his plea. The motion was denied after a hearing in the trial court.

On direct appeal the First Court of Appeals in Houston, in an unpublished opinion, concluded that under the Fourth Amendment to the U.S. Constitution, the…