State v. Barnett

ON REHEARING

The opinion of this Court filed December 21, 1988, is withdrawn and the following opinion is filed in its place.

The State appeals an order of the district court granting appellee Barnett’s motion to suppress evidence. Tex.Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1988). The underlying cause is a revocation of probation proceeding, although the statement of facts reveals that the evidence suppressed also is relevant to another cause in which appellee has been indicted.

On the afternoon of March 14, 1988, San Angelo police officer Mickey Jones was told by a reliable informer that Paula…