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STATE v. FUDGE

No. 03-99-00793-CR.

42 S.W.3d 226 (2001)

The STATE of Texas, Appellant, v. James Dean FUDGE, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 17, 2001.

Attorney(s) appearing for the Case

Giselle Horton, Asst. County Atty., Austin, for Appellant.

Michael John Villa, San Antonio, for Appellee.

Before Justices YEAKEL, PATTERSON and JONES.

YEAKEL, Justice.

Appellee James Dean Fudge was charged with driving while intoxicated. See Tex.Penal Code Ann. § 40.04(a) (West Supp.2001). He filed a pretrial motion to suppress contending that the evidence of the offense was discovered during an improper investigative stop. Following a hearing, the county court at law suppressed the evidence and the State appeals. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (West Supp.2001). The issue on appeal...

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