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STATE v. SAILO

No. 2-95-130-CR.

910 S.W.2d 184 (1995)

The STATE of Texas, Appellant, v. Lila Leao SAILO a/k/a Sila Leao Mailo, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 7, 1995.

Discretionary Review Refused February 14, 1996.

Attorney(s) appearing for the Case

Tim Curry, Criminal District Attorney, Betty Marshall and Charles M. Mallin, Assistant Chiefs of the Appellate Section, and Tanya S. Dohoney, Michael Casillas and Michael Meyer, Assistants, Fort Worth, for appellant.

Richard Alley, Fort Worth (co-counsel, on appeal only), Law Offices of Larry Coker, and Larry Coker and Janet Fawcett, Euless, for appellee.

Before DAY, DAUPHINOT and RICHARDS, JJ.

OPINION

DAY, Justice.

Appellee was charged by information with driving while intoxicated. In a pretrial motion to suppress, appellee argued that the evidence supporting the DWI charge was discovered during an improper investigative stop by the arresting officer. After conducting a hearing on the motion, the trial court suppressed the evidence, and the State appealed. Because the trial court erred in applying the law to these particular facts, we grant the...

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