MONTANEZ v. STATE

No. PD-894-04.

195 S.W.3d 101 (2006)

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

Court of Criminal Appeals of Texas.

April 26, 2006.


Attorney(s) appearing for the Case

David M. Cook, Lufkin, for appellant.

Jeffrey L. Van Horn, First Assistant State's Attorney, Matthew Paul, State's Attorney, Austin, for State.


OPINION

KEASLER, J., delivered the opinion of the Court in which PRICE, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Anibal Montanez filed a motion to suppress claiming that his consent for the search of the vehicle, which yielded cocaine, was not voluntary. The trial court denied the motion. Reversing the trial court, the court of appeals held that the record does not contain clear and convincing evidence to support the trial court's finding.

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