Davis v. State

OPINION ON STATE’S MOTION FOR REHEARING

MALONEY, Judge.

Our prior opinion is withdrawn.

After an adverse ruling on his motion to suppress and pursuant to a plea bargain, appellant pled guilty to the felony offense of possession of a controlled substance, cocaine. TEX.HEALTH & SAFETY CODE ANN. § 481.116(b). The court assessed punishment at six years imprisonment. The Fourteenth Court of Appeals affirmed the conviction. Davis v. State, 827 S.W.2d 3 (Tex.App.—Houston [14th Dist.] 1990).

We granted appellant’s petition for discretionary review to determine whether the Court of Appeals erred in…