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STATE v. GUNTER

No. 08-94-00201-CR.

902 S.W.2d 172 (1995)

The STATE of Texas, Appellant, v. Beatrice GUNTER, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 26, 1995.

Attorney(s) appearing for the Case

Jaime E. Esparza, Dist. Atty., El Paso, for appellant.

Robert Millard, El Paso, for appellee.

Before LARSEN, McCLURE and CHEW, JJ.

OPINION

LARSEN, Justice.

Appellee was indicted for the offense of delivery of a controlled substance; to wit, cocaine. The indictment alleged four counts of delivery of cocaine, each delivery less than twenty-eight grams. The state brings this appeal from an order granting appellee's motion to suppress evidence. The motion to suppress was granted on the basis of a violation of the federal Posse Comitatus Act, 18 U.S.C.A. § 1385 (1984). We reverse...

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