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STATE v. DALY

No. 03-00-00244-CR.

35 S.W.3d 237 (2000)

The STATE of Texas, Appellant, v. John Thomas DALY, Appellee.

Court of Appeals of Texas, Austin.

December 21, 2000.

Attorney(s) appearing for the Case

Vicky Cox-Ritter, Arredondo & Ritter, L.L.P., Marble Falls, for Appellant.

Robert A. Galvan, Jr., Leakey, for Appellee.

Before Justices JONES, KIDD and YEAKEL.

KIDD, Justice.

The State appeals the county court's order granting appellee John Thomas Daly's motion to suppress evidence. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (West Supp.2000). The underlying prosecution is for possession of less than two ounces of marihuana. See Tex.Health & Safety Code Ann. § 481.121(a), (b)(1) (West Supp.2000). We will affirm the order.

On April 14, 1999, Daly was driving through the Hill Country with his...

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