Peralez v. State

OPINION ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was indicted for aggravated possession of cocaine with intent to deliver. TEX.REV.CIV.STAT. Art. 4476-15 § 4.03.1 The trial court overruled appellant’s pretrial motion to suppress evidence seized in a search under warrant. Thereafter the appellant waived trial by jury and entered a plea of not guilty. The trial court found appellant guilty after a bench trial and assessed punishment at fifteen years’ confinement in the Texas Department of Corrections.2

The court of appeals reversed the conviction, holding that the…