Imo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of possession of cocaine, and sentenced to ten years, probated. His conviction was affirmed by the Court of Appeals. Imo v. State, 816 S.W.2d 474 (Tex.App.1991). In ground number three of his petition for discretionary review, he alleges that the Court of Appeals erred in holding that it need not apply Article 38.23, V.A.C.C.P., in determining whether the evidence should have been suppressed pursuant to State law.

The Court of Appeals addressed appellant’s State and federal constitutional challenges to the search…