Loesch v. State

OPINION ON STATE’S PROSECUTING ATTORNEY’S PETITION FOR DISCRETIONARY REVIEW

in which McCORMICK, Presiding Judge, and MANSFIELD, PRICE, HOLLAND, and WOMACK, Judges, joined.

Appellant entered a plea of “no contest” to possession of marijuana. He complained on appeal that the trial court erred in refusing to grant his motion to suppress. The Court of Appeals agreed and reversed. The State contends that the Court of Appeals improperly applied a de novo review standard on whether certain facts give rise to reasonable suspicion. The State also contends that the Court of Appeals erred, even under a de…