MONTANEZ v. STATE

No. 10-02-00274-CR.

143 S.W.3d 344 (2004)

Anibal MONTANEZ a/k/a Ivan Montilla-Pena, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

July 28, 2004.


Attorney(s) appearing for the Case

David M. Cook, Lufkin, for Appellant.

Katrina L. Jackson, Angelina County Asst. District Attorney, Lufkin, for Appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


OPINION ON PETITION FOR DISCRETIONARY REVIEW

BILL VANCE, Justice.

This is a suppression case.

Appellant, a native of Puerto Rico, does not speak English well. He "consented" to a search of the vehicle he was driving. The definitive issue before us is whether the trial judge, in denying a motion to suppress the evidence, could have found by clear and convincing evidence that Appellant freely and voluntarily consented to the search. We conclude that...

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