State v. Grant

OPINION

DRAUGHN, Justice.

Co-appellees, Winston A. Grant and Ne-ville Antonio Kelly, were charged with the felony possession of marihuana. The trial court granted appellee’s motion to suppress the marihuana evidence found in luggage located near the appellees inside a Houston bus station. The State appeals, alleging the trial court erred in suppressing the evidence because the appellees had abandoned the luggage, and their subsequent arrest following the positive reaction by the narcotics dog to the luggage, was constitutionally proper. We reverse and remand.

The record reflects that Houston…