Davis v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
BAIRD, Judge.
Appellant was convicted of possession of marihuana and sentenced to five years confinement. Tex. Health & Safety Code Ann. § 481.121. The Court of Appeals affirmed. Davis v. State, 923 S.W.2d 781 (Tex.App.— Beaumont 1996). We granted review to determine whether the Court of Appeals erred in holding further detention was justified after the officer determined appellant was not driving while intoxicated. We will reverse.
I
A
The following facts are taken from the Court of Appeals opinion. Appellant was stopped at 1:00 a.m. in…
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