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STATE v. OZUNA

No. 04-01-00407-CR.

88 S.W.3d 307 (2002)

STATE of Texas, Appellant, v. Benito OZUNA, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused January 22, 2003.

Attorney(s) appearing for the Case

David Clay Cowan, Cowan & Cowan, P.L.L.C., Alfred V. Sumpter, Law Office of Alfred V. Sumpter, Del Rio, for Appellant.

Fred Hernandez, Dist. Atty., Del Rio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, PAUL W. GREEN, Justice.

Opinion by PAUL W. GREEN, Justice.

After being indicted for drug charges, Benito Ozuna filed a motion to suppress the fruits of a search warrant. The trial court granted the motion to suppress, finding the affidavit supporting the warrant did not contain probable cause. The State appeals the ruling.

Background

Detective Scott McDonald applied for a search warrant, attaching his notarized statement...

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