Horne v. State

DAVIS, Judge.

Brenda Horne challenges her conviction and sentence for possession of carisopro-dol. Horne pleaded guilty to the charge but specifically reserved the right to appeal the denial of her motion to suppress. We reverse.

The charge against Horne arose after a deputy observed her walking on the grass between a house and the road one evening just after midnight. There were no adjacent sidewalks along the roadway, and according to the arresting officer, Horne was walking approximately ten to fifteen feet from the road. The deputy stopped his marked patrol car and initiated contact with…