ELARDO v. STATE

No. 06-04-00060-CR.

163 S.W.3d 760 (2005)

Tony Roy ELARDO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided March 17, 2005.

Opinion Overruling Rehearing April 27, 2005.


Attorney(s) appearing for the Case

Tim Cone, Gilmer, for Appellant.

Mike Fetter, Dist. Atty., Timothy J. Cariker, Asst. Dist. Atty., Gilmer, for State.

Before MORRISS, C.J., ROSS and CARTER, JJ.


OPINION

Opinion by Justice ROSS.

Tony Roy Elardo appeals his conviction by jury trial for thirty-two counts of possession of child pornography. The sentence was enhanced to a second degree felony due to a prior felony conviction, and the jury assessed punishment at twenty years' imprisonment. Elardo argues the trial court erred in denying the motion to suppress because 1) there was insufficient probable cause, and 2) the magistrate lacked authority to issue...

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