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VALTIERRA v. STATE

Nos. 04-08-00238-CR, 04-08-00239-CR.

293 S.W.3d 697 (2009)

Heriberto Arias 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

Christina Mitchell-Tomasini, Law Office of Christina Mitchell-Tomasini, Boerne, TX, for Appellant.

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

Sitting: SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: MARIALYN BARNARD, Justice.

The appeals stem from the denial of a motion to suppress challenging evidence seized after officers entered and searched an apartment. In four issues on appeal, Heriberto Valtierra contends the trial court erred in denying his motion to suppress because: (1) the officers did not have consent to enter the apartment, proceed down the hallway toward the bathroom, or search the apartment; (2) the officers did not...

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