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VALTIERRA v. STATE

Nos. 04-08-00236-CR, 04-08-00237-CR.

293 S.W.3d 725 (2009)

Eduardo VALTIERRA, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted November 4, 2009.

Attorney(s) appearing for the Case

M. Patrick Maguire, M. Patrick Maguire, P.C., Kerrville, TX, for Appellant.

E. Bruce Curry, District Attorney — 216th Judicial District Court, Kerrville, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by REBECCA SIMMONS, Justice.

This appeal stems from the denial of a motion to suppress. Appellant Eduardo Valtierra argues the motion should have been granted because: (1) the officers lacked consent to enter and search the residence, and (2) the subsequent search warrant obtained by the officers was based on illegally obtained evidence and, therefore, lacked probable cause. We reverse the order of the trial court and remand this matter for...

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