State v. Ibarra

OPINION

LEE, Justice.

Gabino Puente Ibarra, appellee, was charged with possession of between two and fifty pounds of marijuana and failure to pay marijuana tax. Ibarra filed a pretrial motion to suppress evidence that was obtained by police during a search of his car. The trial court held a hearing and determined that the state had demonstrated by a preponderance of the evidence that Ibarra’s consent was voluntary but that the state had failed to demonstrate by clear and convincing evidence that Ibarra voluntarily consented to the search. The trial court concluded that Texas law required the…