CARTER v. STATE

No. 05-84-00005-CR.

700 S.W.2d 289 (1985)

Albert Preston CARTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

November 1, 1985.


Attorney(s) appearing for the Case

Robert M. Burns, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Constance M. Maher, Asst. Dist. Atty., Dallas, for appellee.

Before ALLEN, HOWELL and ZIMMERMANN, JJ.


ALLEN, Justice.

This is a probation revocation appeal. Appellant, Albert Preston Carter, contends that the trial court, in passing on the State's motion to revoke, abused its discretion by considering evidence seized as the result of an illegal detention. We hold that the detention was not illegal and affirm the trial court's order.

On April 6, 1983, appellant had pleaded guilty to a charge of driving while intoxicated. Based on his plea, the court set punishment...

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