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STATE v. BAGBY

No. 12-03-00024-CR.

119 S.W.3d 446 (2003)

The STATE of Texas, Appellant, v. Robert BAGBY, Appellee.

Court of Appeals of Texas, Tyler.

September 30, 2003.

Attorney(s) appearing for the Case

Edward J. Marty, Tyler, for state.

Tonda L. Curry, Tyler, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J. and DeVASTO, J.

OPINION

JAMES T. WORTHEN, Chief Justice.

The State of Texas (the "State") appeals the trial court's order granting Robert Bagby's ("Appellee") motion to suppress evidence of methamphetamine seized from his premises. The State raises one issue on appeal. We affirm.

Background

On March 24, 2002, Smith County Deputy Constable Mark Waters ("Waters") responded to a disturbance call. Upon his arrival, Waters saw a person later identified...

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