State v. Kurtz

OPINION

Opinion By

Justice O’NEILL.

The State appeals an order granting appellee Matthew Wayne Kurtz’s motion to suppress. See Tex.Code Crim. Proc. ANN. art. 44.01(a)(5) (Vernon Supp.2003). The issue presented is whether a Plano police officer had jurisdiction to stop Kurtz in the City of Frisco. Because we conclude the Plano officer had no such jurisdiction, we affirm the trial court’s order.

Kurtz was charged by information with driving while intoxicated. Kurtz filed a motion to suppress evidence asserting he was illegally stopped. At a hearing on the motion, the State presented evidence that…