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STATE v. BROWN

No. 03-95-00015-CR.

908 S.W.2d 45 (1995)

The STATE of Texas, Appellant, v. Peyton David BROWN, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 8, 1995.

Attorney(s) appearing for the Case

Charlotte Harris, District Attorney, Franklin D. Brown, Assistant District Attorney, San Angelo, for appellant.

Thomas J. Gossett, San Angelo, for appellee.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

The State of Texas appeals from the district court's order suppressing evidence seized from appellee during a warrantless search. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (West Supp.1995). In reaching its decision, the trial court implicitly determined that the search lacked probable cause, or that exigent circumstances did not justify the failure to obtain a warrant, or both. Because the relevant facts are not in dispute, this appeal...

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