Erdman v. State

We granted this petition to determine whether the Court of Appeals applied the correct standard of review.1 However, as the majority notes, the petition deals more with the voluntary nature of the consent than the standard of appellate review. Erdman v. State, 861 S.W.2d 890, 891 n. 1 (Tex.Cr.App.1993). I write separately because this case necessarily involves the question of which standard of appellate review is correct and the majority does not address the issue.

I. THE COURT OF APPEALS’ HOLDING

On direct appeal, appellant contended the trial judge erred in overruling the motion to suppress.…