MIDDLETON v. STATE

No. 1263-01.

125 S.W.3d 450 (2003)

David Wayne MIDDLETON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

April 23, 2003.


Attorney(s) appearing for the Case

Ken Mahaffey, Austin, for Appellant.

Barry S. Green, DA, Decatur, Matthew Paul, State's Attorney, Austin, for State.

Before the court en banc.


OPINION

KEASLER, J., announced the judgment of the Court and delivered an opinion, in which KELLER, P.J., and WOMACK and HERVEY, JJ., joined.

A police officer said he saw David Middleton run a stop sign, but Middleton claimed that he stopped. The officer pulled Middleton over and found drugs. The jury was instructed to disregard this evidence if the officer lacked probable cause. We conclude that the failure to

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