Ehrhart v. State

In little over a year, the Court of Criminal Appeals has twice bestowed enlightenment upon this Court in the form of complete abrogation or significant revision of decades of precedent. See Young v. State, 8 S.W.3d 656 (Tex.Crim.App.2000); and Leday v. State, 983 S.W.2d 713 (Tex.Crim.App.1998). It is therefore with extreme trepidation that I dredge up, as the bases of this dissent, law that has been part of Texas jurisprudence for a significant number of years.

The first axiom recognizes that the law requires a suppression ruling be sustained if it can be upheld on any valid theory regardless…