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VALTIERRA v. STATE

Nos. PD-0906-09, PD-0907-09, PD-0908-09, PD-0909-09.

310 S.W.3d 442 (2010)

Eduardo VALTIERRA & Heriberto Valtierra, Appellants, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 5, 2010.

Attorney(s) appearing for the Case

M. Patrick Maguire, Kerrville, for Appellant.

E. Bruce Curry, D.A., Kerrville, Jeffrey L. VanHorn, State's Atty., Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the unanimous Court.

This appeal concerns the scope of a consent to search under the Fourth Amendment. Both the trial court and the court of appeals agreed that Heriberto Valtierra consented to have police officers enter his apartment to talk to Erica, a 13-year-old runaway. The question before us is whether, viewed in the light most favorable to the trial court's ruling, the evidence is sufficient to...

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