Dilyerd v. State

DAUKSCH, Judge.

This is an appeal from a conviction for possession of a controlled substance. Because the trial court erred in denying the motion to suppress the controlled substance we reverse the conviction and order appellant discharged.

The facts as stated by appellant and ap-pellee in their briefs are that a deputy sheriff saw a car, occupied by appellant in the driver’s seat and another person next to him, parked on private property owned by a person who had complained about teenagers partying in the area. The deputy called for assistance and the two deputies approached the car on foot,…