Christian v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

CLINTON, Judge.

On original submission a panel opinion affirmed judgment of conviction after overruling, inter alia, a ground of error in which appellant complained that the trial court denied his motion to suppress evidence obtained, he asserted, through an illegal search and seizure. The panel viewed his complaint as focusing on what is called a “flashlight search” of the front interior of his automobile, and held that, having stopped appellant for a traffic violation, the two officers were entitled to observe anything within plain view, so that…