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STATE v. ROBINSON

No. PD-1206-10.

334 S.W.3d 776 (2011)

The STATE of Texas v. Paul David ROBINSON, Appellee.

Court of Criminal Appeals of Texas.

March 16, 2011.

Attorney(s) appearing for the Case

Stan Schwieger , Waco, for Appellant.

Jeffrey L. Van Horn , State Prosecuting Attorney, Austin, for State.

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

The issue in this case is the allocation of the burden of proof in a motion to suppress under Texas Code of Criminal Procedure Article 38.23. We hold that the defendant has the initial burden, which shifts to the State only when the defendant has produced evidence of a statutory violation. We shall reverse the judgment of the court of appeals.

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