McDole v. State

OPINION

DOUGLAS, Judge.

Jack Adams McDole appeals his conviction for possession of cocaine. Punishment was assessed by the court at twelve years. McDole’s sole contention on this appeal is that the cocaine was seized as a result of an illegal warrantless search. We agree and reverse.

The evidence concerning the legality of the search was developed at both a pretrial suppression hearing and in greater detail at the trial. We will consider the evidence of both in reviewing the validity of the search. See Hicks v. State, 545 S.W.2d 805 (Tex.Cr.App.1977).

The facts were established primarily through…