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HERNANDEZ v. STATE

No. 04-96-00678-CR.

963 S.W.2d 921 (1998)

Robert HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 25, 1998.

Attorney(s) appearing for the Case

Victor Roberto Garcia, Law Office of Victor Roberto Garcia, Del Rio, for Appellant.

Thomas F. Lee, Dist. Atty., Del Rio, Clark S. Butler, Asst. County Atty., Seguin, for Appellee.

Before RICKHOFF, STONE and DUNCAN, JJ.

OPINION

RICKHOFF, Justice.

This appeal presents the question of whether a person was seized when he tossed a bag of cocaine out of a moving vehicle immediately after border patrol agents who were following him activated their flashing overhead lights. Answering this question in the negative, we conclude that the trial court did not err in denying the defendant's motion to suppress the cocaine.

FACTUAL AND PROCEDURAL BACKGROUND

At approximately...

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