Martinez v. State

The appellant, Jerry L. Martinez, was convicted of possession of cocaine and possession of marijuana and was sentenced to five years' imprisonment in each case. On this appeal from those convictions, he contends that the trial court erred in finding that his consent to search his automobile was voluntary.

The appellant filed a motion to suppress the evidence seized during the search of his automobile. Evidentiary hearings were held on this motion on August 30, 1991, and September 4, 1991. On September 25, 1991, the trial court overruled the motion. On that same date the appellant waived his…