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STATE v. PORTILLO

No. 08-09-00187-CR.

314 S.W.3d 210 (2010)

The STATE of Texas, Appellant, v. Sergio PORTILLO, Appellee.

Court of Appeals of Texas, El Paso.

April 30, 2010.

Attorney(s) appearing for the Case

Craig Watkins, District Attorney, Dallas, TX, for Appellant.

David J. Pire, Dallas, TX, for Appellee.

Before CHEW, C.J., RIVERA, J., and LARSEN, J.

OPINION

GUADALUPE RIVERA, Justice.

The State appeals from an order granting Appellee Sergio Portillo's motion to suppress evidence that was discovered during a search made incident to Portillo's arrest for failing to wear a bicycle helmet as required by Dallas's bicycle helmet ordinance. Portillo challenged the lawfulness of his arrest before the trial court by asserting that the Dallas ordinance was invalid and improperly enforced. We reverse.

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