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STATE v. MARQUEZ

No. 08-06-00235-CR.

281 S.W.3d 56 (2008)

The STATE of Texas, Appellant, v. Oscar MARQUEZ, Appellee.

Court of Appeals of Texas, El Paso.

March 27, 2008.

Attorney(s) appearing for the Case

Jaime E. Esparza, Dist. Atty., El Paso, for State.

Theresa Caballero, El Paso, for appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

KENNETH R. CARR, Justice.

This is a State's appeal from an order granting Appellee Marquez's motion to suppress the evidence. We affirm in part and reverse and remand in part.

I. SUMMARY OF THE EVIDENCE

On December 22, 2004, an indictment was handed down charging Marquez with the offense of assault on a public servant. He filed a pretrial motion to suppress the evidence, alleging that the arrest was unlawful.

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