Legal Opinion

Garcia v. State

Court of Criminal Appeals of Texas

Decided April 1, 1992No. 929-90PublishedCited by 471 opinions

1Opinion of the Court

OPINION ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellee was charged with unlawful possession of a controlled substance in Penalty Group I, namely cocaine, having an aggregate weight of less than 28 grams. Tex. Health & Safety Code § 481.115. The trial court granted appellee’s motion to suppress the cocaine after finding it was the fruit of a search based upon a “pretext stop.” The State appealed the trial court’s pretrial order, pursuant to Tex.Code Crim.Proc. art. 44.01. The El Paso Court of Appeals held the trial judge had “erred as a matter of law” by granting the…

2Cases cited35 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. RobinsonSupreme Court of the United States · 1973
  4. Scott v. United StatesSupreme Court of the United States · 1978
  5. Colorado v. BertineSupreme Court of the United States · 1987

30 more not listed; retrieve them via the Exa API.

3Cited by471 opinions

  1. Garcia v. StateCourt of Criminal Appeals of Texas · 2001
  2. Oles v. StateCourt of Criminal Appeals of Texas · 1999
  3. Walter v. StateCourt of Criminal Appeals of Texas · 2000
  4. Hernandez v. State, Texas Court of Appeals, 3rd District (Austin)1998
  5. Powell v. State, Texas Court of Appeals, 6th District (Texarkana)1999

466 more not listed; retrieve them via the Exa API.

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