Russell v. State

OPINION ON STATE’S MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant, a juvenile certified for trial as an adult, was convicted by a jury of the offense of murder. V.T.C.A., Penal Code, § 19.02. Punishment was assessed by the jury at confinement for 99 years in the Texas Department of Corrections.

The Fifth Court of Appeals reversed the conviction, finding that evidence of appellant’s guilt should have been suppressed because it was the product of an illegal arrest, thus violating the Fourth Amendment.1 Russell v. State, 672 S.W.2d 583 (Tex.App. — Dallas 1984).…