Davis v. State

OPINION ON REHEARING

TERRIE LIVINGSTON, Justice.

The State has filed a motion for rehearing primarily seeking an affirmance based on the court of criminal appeals’s June 23, 2004 opinion in Swearingen v. State, which clarified the standard to use in reviewing the grant or denial of a motion to suppress based on a warrant. No. 110-03, 2004 WL 1393813, at *3, 143 S.W.3d 808, 810-11 (Tex.Crim.App. June 23, 2004). We have reviewed our opinion in light of this holding and have re-written applicable portions of our opinion to apply Swearingen. We do, however, deny the State’s motion for rehearing,…