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LYONS v. STATE

No. 2-03-339-CR.

149 S.W.3d 811 (2004)

Carl Edward LYONS, IV, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

September 30, 2004.

Attorney(s) appearing for the Case

Robert Ford, Fort Worth, for Appellant.

Tim Curry, Criminal District Atty., Charles M. Mallin, Asst. Criminal District Atty and Chief of the Appellate Section, and Michael R. Casillas and Dawn Rhoden, Asst. Criminal District Attys., Fort Worth, for Appellee.

Panel F: LIVINGSTON, DAUPHINOT, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. INTRODUCTION

Pursuant to a plea bargain, Carl Edward Lyons, IV ("Lyons") pled guilty to the offense of possession of a controlled substance (cocaine) of one gram or more but less than four grams. The punishment was assessed by the trial court at five-years deferred adjudication. In a single point, Lyons complains that the trial court abused its discretion in overruling his motion to suppress evidence because the magistrate...

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