Legal Opinion

Phelps v. State

Court of Criminal Appeals of Texas

Decided September 30, 1981No. 67930PublishedCited by 24 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This is an appeal from a conviction for possession of over four ounces of marihuana. Punishment was assessed at ten years and she was placed on probation for seven years.

Appellant first contends that the trial court erred in failing to suppress evidence seized as a result of an illegal search and seizure. Appellant argues that the affidavit presented to the magistrate requesting the issuance of the search warrant was insufficient under Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723. Specifically, it is argued that the following language is insufficient to…

2Cases cited4 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Thomas v. StateCourt of Criminal Appeals of Texas · 1981
  3. Gonzales v. StateCourt of Criminal Appeals of Texas · 1979
  4. Carmichael v. StateCourt of Criminal Appeals of Texas · 1980

3Cited by24 opinions

  1. Gorman v. StateCourt of Criminal Appeals of Texas · 1982
  2. Kalish v. StateCourt of Criminal Appeals of Texas · 1983
  3. Fonseca v. State, Texas Court of Appeals, 13th District1994
  4. Winter v. State, Texas Court of Appeals, 1st District (Houston)1986
  5. Meyers v. State, Texas Court of Appeals, 13th District1984

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