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STATE v. KURTZ

No. 1397-03.

152 S.W.3d 72 (2004)

The STATE of Texas v. Matthew Wayne KURTZ, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 12, 2005.

Attorney(s) appearing for the Case

Lloyd D. Odle, Lewisville, for Appellant.

Emily Johnson-Liu, Asst. District Atty., McKinney, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

The question in this appeal is whether an officer of the police department of a city has authority to stop a person for committing a traffic offense when the officer is in another city within the same county. We hold that the officer does not have such authority.

Facts

On August 12, 2001, Steven Boyd, a police officer...

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