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STATE v. GERSTENKORN

No. 04-06-00901-CR.

239 S.W.3d 357 (2007)

The STATE of Texas, Appellant, v. Craig GERSTENKORN, Appellee.

Court of Appeals of Texas, San Antonio.

September 12, 2007.

Attorney(s) appearing for the Case

Kevin P. Yeary, Asst. Crim. Dist. Atty., San Antonio, for Appellant.

Richard D. Woods, Law Office of Richard D. Woods, San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by ALMA L. LÓPEZ, Chief Justice.

The State of Texas appeals the trial court's order granting a motion to suppress. The trial court granted the motion to suppress on the basis that the appellee, Craig B. Gerstenkorn, was stopped for suspicion of DWI while driving in a "gated community," which the trial court concluded was not a public place as a matter of law.1 We reverse the trial court's order and remand...

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