Lalande v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon the jury’s negative finding on special issue # 1, see Art. 37.071, V.A.C.C.P., Sec. (b)(1), the court assessed punishment at confinement for life. Art. 37.071, V.A.C.C.P., Sec. (e).

The conviction was affirmed by the court of appeals, Lalande v. State, 651 S.W.2d 402 (Tex.App.—El Paso 1983). We granted discretionary review to determine whether the court of appeals correctly held that the trial court did not err in overruling appellant’s motion to suppress evidence found in…