HERNANDEZ v. STATE

No. 62309.

600 S.W.2d 793 (1980)

Morris HERNANDEZ, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied July 16, 1980.


Attorney(s) appearing for the Case

Armando Barrera, Alice, for appellant.

Patricia A. Elliott, Dist. Atty. and Jorge A. Solis, Asst. Dist. Atty., Abilene, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ.


OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for possession of heroin. Punishment was assessed at imprisonment for six years.

In his sole ground of error, appellant complains of the trial court's denial of his motion to suppress. He contends that the evidence seized was the fruit of an unlawful stop. We agree with appellant's contention and reverse.

A police officer stopped the car that appellant was driving. This stop was...

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