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STATE v. KELLY

No. PD-1136-05.

204 S.W.3d 808 (2006)

The State of TEXAS v. Evon KELLY, Appellee.

Court of Criminal Appeals of Texas.

October 25, 2006.

Attorney(s) appearing for the Case

Joseph V. Collina, Corpus Christi, for appellant.

Lance A. Watt, Asst. D.A., Corpus Christi, Matthew Paul, State's Attorney, Austin, for state.

OPINION

HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., KEASLER, HOLCOMB and COCHRAN JJ., joined.

The issue in this case is whether the Court of Appeals misapplied the appellate standard of review in reversing the trial court's order granting appellee's motion to suppress. We will affirm the judgment of the Court of Appeals.

At approximately 8:00 a.m. on March 5, 2001, appellee and her minor son were

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