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GARCIA v. STATE

No. 929-90.

827 S.W.2d 937 (1992)

Antonio GARCIA, Appellee, v. STATE of Texas, Appellant.

Court of Criminal Appeals of Texas, En Banc.

April 1, 1992.

Attorney(s) appearing for the Case

Steve W. Simmons, Dist. Atty., and Debra Morgan, Asst. Dist. Atty., for appellant.

Bruce W. Weathers, El Paso, for appellee.

Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellee was charged with unlawful possession of a controlled substance in Penalty Group I, namely cocaine, having an aggregate weight of less than 28 grams. Tex. Health 481.115. The trial court granted appellee's motion to suppress the cocaine after finding it was the fruit of a search based upon a "pretext stop." The State appealed the trial court's pretrial order, pursuant to Tex...

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