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STATE v. HAMMITT

No. 09-91-012 CR.

825 S.W.2d 131 (1992)

The STATE of Texas, Appellant, v. Gilbert Wayne HAMMITT, Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied February 13, 1992.

Discretionary Review Refused May 20, 1992.

Attorney(s) appearing for the Case

Michael R. Little, Dist. Atty., Liberty Jerry E. Andress, First Asst. Dist. Atty., Liberty, for State.

Thomas A. Chambers, Liberty, for appellee.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

WALKER, Chief Justice.

The State appeals the trial court's order granting a Motion to Suppress. The State's sole point of error urges evidence gained by the State was not the result of illegal detention of appellee.

The parties agree on the facts, but disagree as to their significance. Officer Leon Wilson, patrolling a high crime area at 1:00 a.m., noticed two black males standing by a Cadillac...

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