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MONTANEZ v. STATE

No. 10-02-00274-CR.

211 S.W.3d 412 (2006)

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

Court of Appeals of Texas, Waco.

November 8, 2006.

Attorney(s) appearing for the Case

David M. Cook, Lufkin, for appellant.

Clyde M. Herrington, Angelina County Dist. Atty., Lufkin, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION ON REMAND

FELIPE REYNA, Justice.

Anibal Montanez appeals the denial of a suppression motion in his prosecution for possession of more than 400 grams of cocaine. Montanez argues in his sole issue that the court abused its discretion by overruling the motion because: (1) there was no lawful basis for the stop of his vehicle; (2) his consent to search the vehicle was not freely and voluntarily given and; (3) alternatively, the search exceeded the scope...

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