Hernandez v. State

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for possession of heroin. Punishment was assessed at imprisonment for six years.

In his sole ground of error, appellant complains of the trial court’s denial of his motion to suppress. He contends that the evidence seized was the fruit of an unlawful stop. We agree with appellant’s contention and reverse.

A police officer stopped the car that appellant was driving. This stop was pursuant to a capias for appellant’s arrest. After the stop, the officer searched the car and seized certain evidence. This evidence became the subject of…