STATE v. POWELL

No. 2-05-477-CR.

268 S.W.3d 626 (2008)

The STATE of Texas, State v. Robert Leahy POWELL, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 31, 2008.


Attorney(s) appearing for the Case

Tim Curry, Criminal District Atty., Charles M. Mallin, Chief Appellate Section, Helena F. Faulkner, David Hagerman, Asst. Criminal District Attorneys for Tarrant County, Fort Worth, TX, for Appellant.

Greg B. Westfall, Fort Worth, TX, for Appellee.

Panel A: CAYCE, C.J.; DAUPHINOT and WALKER, JJ.


OPINION

LEE ANN DAUPHINOT, Justice.

The State appeals from the trial court's grant of Appellee Robert Leahy Powell's motion to suppress. In four points, the State argues that the trial court erred by granting the motion because (1) the detective's affidavit set forth sufficient circumstances from which the magistrate could find probable cause to issue the search warrant; (2) the trial court failed to give great deference to the magistrate's determination...

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