Givens v. State

OPINION

RICHARDS, Justice.

This is an appeal from a conviction for the offense of possession of marihuana. Appellant challenges the trial court’s decision overruling his motion to suppress evidence. 1

The subject of the suppression motion was the marihuana found in appellant’s vehicle. The marihuana was discovered during a search incident to appellant’s arrest for driving without a license The question presented is whether the State is required to prove at a suppression hearing that a motorist’s drivers license was, in fact, suspended where the motorist presents an otherwise valid state drivers’…