Spencer v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of burglary of a habitation. Punishment was assessed at life imprisonment under the mandatory authority of V.T.C.A. Penal Code, Sec. 12.-42(d).1

On direct appeal, the Corpus Christi Court of Appeals held that the trial court erred in failing to suppress evidence obtained in a search conducted pursuant to an invalid search warrant and reversed appellant’s conviction. Spencer v. State, 653 S.W.2d 585 (Tex.App.—Corpus Christi 1983). The Court of Appeals found that the affidavit in support of the search…