Martinez, John David

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1238-10, PD-1239-10

JOHN DAVID MARTINEZ, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITIONS FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

VAL VERDE COUNTY

Johnson, J., delivered the opinion of the Court in which Meyers, Price, Womack, Keasler, Hervey, Cochran, and Alcala, JJ., joined. Keller, P.J., filed a dissenting opinion.

O P I N I O N

In two cases stemming from the same incident, the state charged appellant with driving while intoxicated (DWI) and possession of marijuana. Appellant filed his motion to suppress based upon claims that…