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STATE v. McLAIN

No. 07-09-00234-CR.

310 S.W.3d 180 (2010)

The STATE of Texas, Appellant, v. Chris Allen McLAIN, Appellee.

Court of Appeals of Texas, Amarillo, Panel A.

Rehearing Overruled and Dissenting Opinion Filed May 7, 2010.

Attorney(s) appearing for the Case

Rob Daniel, Assistant District Attorney, Plainview, TX, for Appellant.

Chuck Lanehart, Chappell, Lanehart & Stangl, P.C., Lubbock, TX, for Appellee.

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION

MACKEY K. HANCOCK, Justice.

The State of Texas appeals the granting of a motion to suppress by the trial court.1 Appellee, Chris Allen McLain, was arrested and indicted for possession with intent to deliver a controlled substance, methamphetamine, in an amount of four grams or more but less than 200 grams.2 We affirm.

Factual and Procedural Background

On February 27, 2009...

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