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STEWART v. STATE

No. PD-0255-07.

240 S.W.3d 872 (2007)

Clinton Shane STEWART, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied December 19, 2007.

Attorney(s) appearing for the Case

Terry Keel, Austin, for appellant.

E. Bruce Curry, D.A., Kerrville, Matthew Paul, State's Attorney, Austin, for state.

KELLER, P.J., delivered the opinion of the Court in which MEYERS, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant was a police officer who pulled over Roxanne Lavender for a traffic violation. After a consent search, appellant discovered that Lavender possessed approximately half an ounce of marihuana, consisting of several buds in a baggie. Having no formal narcotics training, appellant decided to take her to the station for questioning to determine whether...

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