Andy DeWayne Posey v. State ( 2005 )

NO. 07-04-0569-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 25, 2005 ______________________________ ANDY DEWAYNE POSEY, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 181ST DISTRICT COURT OF RANDALL COUNTY; NO. 15,058-B; HON. JOHN B. BOARD, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ. Andy DeWayne Posey (appellant) appealed from his conviction for possessing a controlled substance. Via a single issue, he contended that the trial court erred in denying his motion to suppress physical evidence. The State filed an appellee’s brief and conceded that the police officers “did not have reasonable suspicion to stop the vehicle” and that this court “should . . . reverse the judgment and remand the case back to the trial court for further proceedings.” We reviewed the briefs and record and found grounds supporting the State’s concession. Accordingly, the judgment of the trial court is reversed and the cause is remanded to the trial court for further proceedings. Per Curiam Do not publish. 2