Arcila v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellant was convicted of possessing cocaine and sentenced to 35 years of confinement in the penitentiary and a fine of $1,000. On direct appeal, he urged reversal of the conviction for failure of the trial court to suppress the physical evidence seized from his residence, claiming that his consent to search, given only after he had been illegally arrested, was not voluntary. The Fifth Court of Appeals agreed that appellant’s arrest was illegal under Texas law, but concluded that seizure of the cocaine was not unlawful…