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MARTINEZ v. STATE

Nos. PD-1238-10, PD-1239-10.

348 S.W.3d 919 (2011)

John David MARTINEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

June 29, 2011.

Attorney(s) appearing for the Case

Julie M. Balovich , Asst. Public Defender, Del Rio, for Appellant.

Carter Winters , Special Prosecutor, Boise, Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

JOHNSON, J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY, COCHRAN, and ALCALA, JJ., joined.

In two cases stemming from the same incident, the state charged appellant with driving while intoxicated (DWI) and possession of marijuana. Appellant filed his motion to suppress based upon claims that the initial investigatory detention was without probable cause or reasonable suspicion and that the subsequent...

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