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STATE v. BARNETT

No. 277-89.

788 S.W.2d 572 (1990)

The STATE of Texas, Appellant, v. Jimmy Ray BARNETT, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 25, 1990.

Attorney(s) appearing for the Case

Theodore A. Hargrove, III (on appeal only), San Angelo, for appellee.

Dick Alcala, Dist. Atty. and Charlotte A. Harris, Asst. Dist. Atty., San Angelo, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

In a motion to revoke probation, the State alleged that appellee violated the terms and conditions of probation by possessing amphetamine. Appellee was arrested during the execution of a search warrant at Paula Byrd's home. While the police had been searching Byrd's home, appellee, who was not named in the warrant affidavit, drove up in his car, whereupon he was immediately arrested...

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