[Download] "Mark O. Mcvickers V. State Texas (12/01/93)" by Court of Criminal Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Mark O. Mcvickers V. State Texas (12/01/93)
- Author : Court of Criminal Appeals of Texas
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appellant was charged by information for the offense of driving while intoxicated alleged to have been committed on September 13, 1990 in Brazos County. Appellant filed a motion to suppress observations and opinions alleging that the initial stop was made without probable cause; and therefore, that the observations and opinions flowing from said stop were fruit of the illegal stop and seizure. Appellant also filed a motion to suppress statements made while in custody, alleging, that his arrest was without probable cause and without a valid warrant and that any statements resulting therefrom were fruits of an illegal stop. The trial court overruled the motions. Pursuant to a plea bargain agreement, appellant pleaded guilty to the offense of driving while intoxicated. The trial court found appellant guilty and assessed punishment at confinement for one year, probated for two years, and a $100 fine. On appeal, appellant contended that the trial court erred both in admitting hearsay testimony, over objection, during the suppression hearing, and by overruling the motion to suppress evidence. The court of appeals sustained both points of error, reversed the judgment of the trial court and remanded the case to the trial court for further proceedings; McVickers v. State, 838 S.W.2d 651, reh overr; review gr (Tex.App. -- Corpus Christi 1992). We granted the first ground for review of the States petition for discretionary review to wit: