Legal Opinion

Martin v. State

Texas Court of Appeals, 13th District

Decided December 14, 1989No. 13-88-369-CRPublishedCited by 16 opinions

1Opinion of the Court

OPINION

BENAVIDES, Justice.

A jury found appellant guilty of possessing cocaine and assessed punishment at 25 years in prison and a $3,000 fine. We affirm.

In his first two points of error, appellant contends the search of his vehicle violated the State and Federal Constitutions because it was conducted without a warrant in the absence of exigent circumstances. The State contends that the search was justified under the “automobile exception” to the warrant requirement. 1

Although some of the facts surrounding appellant’s arrest were disputed at trial, we will briefly summarize the facts in the…

2Cases cited33 opinions

  1. Katz v. United StatesSupreme Court of the United States · 1967
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Chambers v. MaroneySupreme Court of the United States · 1970
  4. California v. CarneySupreme Court of the United States · 1985
  5. Alejandro v. StateCourt of Criminal Appeals of Texas · 1973

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3Cited by16 opinions

  1. Amos v. StateCourt of Criminal Appeals of Texas · 1991
  2. Russell v. State, Texas Court of Appeals, 7th District (Amarillo)1995
  3. Fonseca v. State, Texas Court of Appeals, 13th District1994
  4. Ackenback v. State, Texas Court of Appeals, 1st District (Houston)1990
  5. Miller v. State, Texas Court of Appeals, 14th District (Houston)1999

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