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STATE v. LaRUE

Nos. 13-98-279-CR, 13-98-280-CR.

52 S.W.3d 478 (2001)

The STATE of Texas, Appellant, v. Keithad Lamon LaRUE and Sammey Ray Lusk, Appellees.

Court of Appeals of Texas, Corpus Christi.

July 26, 2001.

Attorney(s) appearing for the Case

M.P. `Dexter' Eaves, Dist. Atty., Michael M. Kelly, Asst. Dist. Atty., Victoria, Matthew W. Paul, State Atty., Austin, for the State.

Lane W. Vaughn, Houston, for Appellee Lamon.

W.A. `Bill' White, Victoria, for Appellee Lusk.

Before Justices YAÑEZ, RODRIGUEZ, and KENNEDY.

OPINION

Opinion by Justice KENNEDY.

This appeal is before this Court upon abatement and remand by the Texas Court of Criminal Appeals2 with instructions that we address the State's arguments concerning the question of the officer's legal justification for seizing a car apart from any issue as to the presumption under Section 31.04(b)(2) of the Penal Code.3 The car was shown to contain rocks of cocaine...

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