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STATE v. GOBERT

No. 03-06-00330-CR.

228 S.W.3d 221 (2007)

The STATE of Texas, Appellant, v. Milton Dwayne GOBERT, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 6, 2007.

Attorney(s) appearing for the Case

Sally Swanson, Assistant District Attorney, Austin, for appellant.

Karyl Anderson Krug, The Law Office of Karyl Krug, P.C., Leonard Martinez, Kent C. Anschutz, Austin, for appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

OPINION

JAN P. PATTERSON, Justice.

The State appeals the district court's order granting appellee Milton Dwayne Gobert's motion to suppress statements. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West 2006). At issue is the admissibility of Gobert's videotaped custodial interrogation by Austin police officers. The trial court determined that the officers conducting the interrogation failed to honor Gobert's invocation of the right to counsel...

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