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STATE v. McCAFFREY

No. 2254-01.

76 S.W.3d 392 (2002)

The STATE of Texas, v. Virgil L. McCAFFREY, Appellee.

Court of Criminal Appeals of Texas.

June 5, 2002.

Attorney(s) appearing for the Case

Harold J. Danford, Kerrville, for Appellant.

Matthew Paul, State's Atty., Austin, for State.

OPINION

KELLER, P.J., delivered the unanimous opinion of the Court.

Appellee was indicted for possessing more than four ounces but less then five pounds of marijuana. The trial court granted appellee's motion to suppress, and the State appealed. The San Antonio Court of Appeals affirmed the trial court's order,1 and we granted the State's petition for discretionary review. Appellee has died, however, and counsel for appellee...

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