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STATE v. MERCADO

No. 08-96-00008-CR.

944 S.W.2d 42 (1997)

The STATE of Texas, Appellant, v. Luis Roberto MERCADO, Appellee.

Court of Appeals of Texas, El Paso.

April 3, 1997.

Attorney(s) appearing for the Case

Jaime E. Esparza, District Attorney, El Paso, for appellant.

Jeffrey D. Rago, El Paso, for appellee.

Before BARAJAS, C.J., and McCLURE and CHEW, JJ.

OPINION

McCLURE, Justice.

The State appeals the suppression of evidence relating to the possession of a controlled substance. The search in question may appropriately be characterized as both an inventory search and a search incident to arrest. Only the former theory was presented to the trial court. We must initially decide whether the State may raise the latter theory for the first time on appeal...

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