Baez v. State

Birdsong, Presiding Judge.

Roberto Baez appeals the denial of his motion to suppress in this prosecution for possession of cocaine with intent to distribute. The evidence was seized with a search warrant on December 12, 1988. Baez’ guilty plea sentence was vacated by writ of habeas corpus on the basis of ineffective assistance of counsel. New counsel filed a motion to suppress, alleging, inter alia, that the search stemmed from an illegal pretextual arrest.

Evidence at the suppression hearing showed that appellant was given a citation on November 3, 1988, for failing to have or exhibit a,…