STATE v. COMEAUX

No. 3-88-091-CR.

786 S.W.2d 480 (1990)

The STATE of Texas, Appellant, v. Pervis Joseph COMEAUX, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Granted May 23, 1990.


Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen. and Ann Gray, Asst. Atty. Gen., Austin, for appellant.

Christopher M. Gunter, Fitzgerald, Meissner, Augustine & Gunter, Austin, for appellee.

Before SHANNON, C.J., and CARROLL and ABOUSSIE, JJ.


ABOUSSIE, Justice.

The State of Texas appeals the trial court's order granting appellee's motion to suppress evidence of his blood-alcohol test results. We will affirm the trial court's order.

On appeal, the State claims that the trial court erred by granting the motion because (1) appellee consented to the search, and (2) any search was private because it was not conducted by a state agent. The State discusses facts which the trial court allegedly "assumed...

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