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STATE v. NELSON

No. 03-06-00352-CR.

228 S.W.3d 899 (2007)

The STATE of Texas, Appellant, v. Mary Guthrie NELSON, Appellee.

Court of Appeals of Texas, Austin.

June 29, 2007.

Attorney(s) appearing for the Case

Christopher G. Taylor, County Attorney, San Angelo, for State.

Jay Moore, Kenneth L. Maxwell, Jr., Moore, Dickson, & Maxwell, PLLC, Sweetwater, for Appellant.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

The State appeals an order granting appellee Mary Guthrie Nelson's motion to suppress evidence in this prosecution for possession of less than 28 grams of diazepam. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West 2006). The controlled substance was seized following Nelson's arrest for driving while intoxicated. The court concluded that both the initial traffic stop and the subsequent arrest were unlawful...

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