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MARTINEZ v. STATE

Nos. 04-09-00204-CR, 04-09-00205-CR.

318 S.W.3d 24 (2009)

John David MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Opinion Dissenting from Denial of Rehearing En Banc June 23, 2010.

Attorney(s) appearing for the Case

Julie Balovich, Texas RioGrande Legal Aid, Inc. (Regional Public Defender's Office), Assistant Public Defender, Del Rio, TX, for Appellant.

Ana Markowski Smith, County Attorney, Fred Hernandez, Dist. Atty., Del Rio, TX, Carter Winters, Attorney at Law, San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: STEVEN C. HILBIG, Justice.

John David Martinez was charged with driving while intoxicated and possession of marijuana. Martinez filed a motion to suppress, alleging the police officer did not have reasonable suspicion for the initial stop of his vehicle. After a hearing, the trial court denied the motion to suppress. Martinez subsequently entered a plea of guilty pursuant to a plea bargain, which the court followed. Martinez appeals,...

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