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STATE v. DAUGHERTY

No. 0924-94.

931 S.W.2d 268 (1996)

The STATE of Texas, Appellee, v. Danny Joe DAUGHERTY, Appellant.

Court of Criminal Appeals of Texas, En Banc.

June 26, 1996.

Attorney(s) appearing for the Case

Jeff Kearney, Greg Westfall, Fort Worth, for appellant.

Matthew Paul, Assistant States Attorney, Austin, Sylvia Mandel, Assistant District Attorney, Fort Worth, for state.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Following the lead of this Court's plurality opinion in Garcia v. State, 829 S.W.2d 796 (Tex.Cr.App.1992), the Second Court of Appeals in this cause declined to recognize an inevitable discovery exception to the statutory exclusionary rule embodied in Article 38.23, V.A.C.C.P.1 Daugherty v. State,

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