Barocio v. State

OPINION

KELLER, PJ., MEYERS, WOMACK, KEASLER and COCHRAN, JJ., joined.

After the trial court denied his motion to suppress, appellant pled no contest to misdemeanor possession of marijuana. We address whether probable cause and exigent circumstances existed to justify a warrantless police entry into appellant’s home, during which the police saw the marijuana in plain view.

The evidence from the suppression hearing shows that two sheriffs deputies (Wyatt and Kirsch) had probable cause to suspect a possible, ongoing burglary of appellant’s home. See Barocio v. State, 117 S.W.3d 19, 21-22…