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STATE v. PEREZ

No. 11-00-00264-CR.

56 S.W.3d 796 (2001)

STATE of Texas, Appellant, v. David Francisco PEREZ, Appellee.

Court of Appeals of Texas, Eastland.

August 23, 2001.

Attorney(s) appearing for the Case

James Eidson, Criminal District Attorney, Kollin Shadle, Criminal District Attorney's Office, Abilene, for Appellant.

David W. Thedford, Thedford & Hatchett, Abilene, for Appellee.

Panel consists of ARNOT, C.J., and WRIGHT and McCALL, JJ.

ARNOT, III, Chief Justice.

David Francisco Perez was charged by indictment with felony possession of marihuana. The State appeals the trial court's granting of Perez's motion to suppress. The trial court suppressed the evidence based on an unreasonable investigative stop, an unlawful arrest, and a warrantless search prior to consent being given. Because the description of the suspect and Perez were so dissimilar and because, considering the totality of the circumstances...

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