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STATE v. WAGNER

No. 724-90.

810 S.W.2d 207 (1991)

The STATE of Texas, Appellant, v. Charles Lee WAGNER, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 29, 1991.

Attorney(s) appearing for the Case

John Alan Goren, Lawrence G. Boyd, Robert M. Clark, Jr., Dallas, for appellant.

John Vance, Dist. Atty., Pamela Sullivan Berdanier, Asst. Dist. Atty., Dallas, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

After a preliminary hearing, a County Court judge in Dallas held that evidence to be used against appellee, Charles Lee Wagner, obtained through a sobriety checkpoint stop, was obtained in violation of the Fourth Amendment to the United States Constitution. The State appealed and the Dallas Court of Appeals affirmed the trial court's judgment. State v. Wagner,

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