BIRDWELL v. STATE

No. 017-92.

831 S.W.2d 340 (1992)

A.D. BIRDWELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Discretionary Review Refused June 3, 1992.


Attorney(s) appearing for the Case

Danny D. Burns, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Tanya S. Dohoney, David Ward and Terri Moore, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


DISSENTING OPINION ON REFUSAL OF APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of delivery of an unaggravated amount of cocaine, enhanced, and his punishment was set at confinement in the penitentiary for forty years. He argued on appeal that the trial court erred in failing to grant his motion to suppress evidence predicated on the claim it was the product of a warrantless arrest. The court of appeals...

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