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STATE v. CASTLEBERRY

No. PD-0354-10.

332 S.W.3d 460 (2011)

The STATE of Texas v. Cory CASTLEBERRY, Appellee.

Court of Criminal Appeals of Texas.

March 2, 2011.

Attorney(s) appearing for the Case

John Loza , James Gerard McDermott, II , Asst. Public Defender, Dallas, for Appellant.

Kim Schaefer , Asst. D.A., Dallas, Jeffrey L. Van Horn , State's Atty., Austin, for State.

OPINION

KEASLER, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, PRICE, WOMACK, and HERVEY, JJ., joined.

Early one May morning in 2008, Officer Barrett was patrolling an urban area where recent burglaries had occurred. He approached Cory Castleberry and another man walking behind a closed business and asked them for identification. Castleberry then reached for his waistband, and Officer Barrett told him to raise his hands. Castleberry...

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