(Download) "Sammy Joe Adkins v. State Texas" by First District, Houston Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Sammy Joe Adkins v. State Texas
- Author : First District, Houston Court of Appeals of Texas
- Release Date : January 23, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
A jury convicted appellant of the offense of possession with intent to deliver tetrahydrocannabinol, over 28 but less than 400 grams, and assessed punishment at 15 years confinement in the Texas Department of Corrections. See V.T.C.A., Penal Code Art. 4476-15, Section 4.031. The Court of Appeals for the Eighth Judicial District reversed the conviction, holding the trial court reversibly erred in failing to suppress evidence seized under an invalid warrant. Adkins v. State, 675 S.W.2d 604 (Tex. App.- El Paso 1984). We vacated that judgment and remanded the case for a determination whether exigent circumstances existed to support the warrantless arrest of appellant. Adkins v. State, 717 S.W.2d 363 (Tex.Crim.App. 1986) (Adkins I). On remand, the appeals court found there were no exigent circumstances which justified the warrantless seizure, but upheld appellants arrest pursuant to Art. 14.01, V.A.C.C.P. Adkins v. State, 726 S.W.2d 250 (Tex.App. - El Paso, 1987). We granted the appellants petition for discretionary review to determine whether the appeals court erred in not limiting review to the question on remand, and whether that court erred in upholding the arrest under the auspices of Art. 14.01, supra. We will affirm.
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