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STATE v. MONTGOMERY

No. 13-96-374-CR.

972 S.W.2d 872 (1998)

The STATE of Texas, Appellant, v. Robert William MONTGOMERY, Appellee.

Court of Appeals of Texas, Corpus Christi.

June 18, 1998.

Attorney(s) appearing for the Case

Rene Guerra, Dist. & County Atty., Edinburg, for State.

Joseph A. Connors, III, McAllen, for Appellee.

Before SEERDEN, C.J., and FEDERICO G. HINOJOSA, Jr., and CHAVEZ, JJ.

OPINION

SEERDEN, Chief Justice.

The State of Texas charged Robert William Montgomery, appellee, with driving while intoxicated (D.W.I.).1 Appellee filed a motion to have evidence suppressed which he claimed was seized as a result of an illegal arrest based upon a lack of probable cause. Appellee testified as to the lack of probable cause, and argued, in further support of his motion, that the Hidalgo County District Attorney...

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