State v. David Pena, III

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00765-CR The State of Texas, Appellant v. David Pena, III, Appellee FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2017-110, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING OPINION David Pena, III, was charged with possession with intent to deliver between one and four grams of a controlled substance (methamphetamine). See Tex. Health & Safety Code §§ 481.102(6), .112(a), (c). Before trial, Pena filed a motion to suppress. The district court granted the motion after a hearing. The State appeals the district court’s order granting the…