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STATE v. DAVILA

No. 03-04-00251-CR.

169 S.W.3d 735 (2005)

The STATE of Texas, Appellant, v. Gilbert N. DAVILA, Appellee.

Court of Appeals of Texas, Austin.

July 13, 2005.

Attorney(s) appearing for the Case

F.C. Schneider, Crim. Dist. Atty., Whitney S. Wiedeman, Asst. Crim. Dist. Atty., Lockhart, for appellant.

Ray Bass, Bass & Smith, P.C., Austin, for appellee.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.

OPINION

DAVID PURYEAR, Justice.

Appellee Gilbert N. Davila is under indictment for possessing cocaine. See Tex. Health & Safety Code Ann. § 481.115 (West 2003). The State appeals an order granting Davila's motion to suppress evidence. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp.2004-05). We will affirm the order.

The challenged search was conducted pursuant to a warrant, and the issue presented is whether...

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