BAROCIO v. STATE

No. 14-01-00944-CR.

117 S.W.3d 19 (2003)

Xavier Hernandez BAROCIO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled October 2, 2003.


Attorney(s) appearing for the Case

Norman J. Silverman, Houston, for appellant.

Eric Kugler, Houston, for appellee.

Panel consists of Justices EDELMAN, SEYMORE, and GUZMAN.


PLURALITY OPINION

CHARLES W. SEYMORE, Justice.

Following the denial of his motion to suppress, appellant Xavier Hernandez Barocio pleaded no contest to possession of marijuana. He contends on appeal that the trial court should have suppressed the marijuana because police discovered it after entering his home without a warrant. We find that the trial court should have suppressed the marijuana. Accordingly, we reverse and remand.

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