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BAROCIO v. STATE

No. PD-1980-03.

158 S.W.3d 498 (2005)

Xavier Hernandez BAROCIO, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 9, 2005.

Attorney(s) appearing for the Case

Norman J. Silverman, Houston, for Appellant.

Eric Kugler, Assist. DA, Houston, Matthew Paul, State's Attorney, Austin, for State.

OPINION

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

After the trial court denied his motion to suppress, appellant pled no contest to misdemeanor possession of marijuana. We address whether probable cause and exigent circumstances existed to justify a warrantless police entry into appellant's home, during which the police saw the marijuana in plain view.

The evidence...

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