COLLINS v. STATE

No. 01-81-0349-CR.

630 S.W.2d 890 (1982)

Steven Lynn COLLINS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused June 30, 1982.


Attorney(s) appearing for the Case

Clyde F. Dewitt III, Houston, for appellant.

Marqua McGull Billingsley, Channelview, for appellee.

Before EVANS, C. J., and STILLEY and DOYLE, JJ.


STILLEY, Justice.

Appellant, on a plea of no contest, was convicted of possession with intent to sell obscene devices. The trial court assessed punishment at 3 days and a fine of $500. We hold the trial court erred in overruling the motion to suppress evidence, and reverse the judgment below.

In his first ground of error appellant challenges the legality of the search that produced the rubber penises made the basis of this prosecution. In view of our disposition...

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