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STATE v. MARTINEZ

No. 08-02-00248-CR.

155 S.W.3d 316 (2004)

The STATE of Texas, Appellant, v. Jesus Enrique MARTINEZ, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled October 27, 2004.

Attorney(s) appearing for the Case

Karen L. Landinger, Ray, Valdez, McChristian & Jeans, El Paso, for Appellant.

Ruben P. Morales, El Paso, for Appellee.

Before Panel No. 2, BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

RICHARD BARAJAS, Chief Justice.

This is a State's appeal from the order of the trial court granting Appellee Jesus Enrique Martinez's motion to suppress evidence. We affirm in part and reverse in part.

I. SUMMARY OF THE EVIDENCE

Officer Michael Macias of the El Paso Police Department testified that on April 15, 2001 at approximately 5 p.m., he arrived at the scene of an accident. He observed that a single-vehicle accident had occurred...

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