Martin Hernandez v. State ( 2012 )

NO. 07-11-00158-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
JUNE 27, 2012
MARTIN HERNANDEZ, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE COUNTY COURT AT LAW NO. 1 OF LUBBOCK COUNTY;
NO. 2009-458,545; HONORABLE LARRY B. "RUSTY" LADD, JUDGE
Before HANCOCK and PIRTLE, JJ. and BOYD, S.J.1
MEMORANDUM OPINION
After the trial court overruled appellant’s, Martin Hernandez, motion to suppress
evidence, appellant entered a plea of guilty to possession of marijuana in an amount of
two ounces or less.2 The trial court assessed appellant’s punishment, pursuant to a
plea bargain, to confinement in the Lubbock County Jail for 20 days and all costs of
court. Appellant appeals his conviction asserting the trial court erred in overruling his
1
John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by
assignment.
2
See TEX. HEALTH & SAFETY CODE ANN. § 481.121(a), (b)(1) (West 2010).
motion to suppress the evidence. We agree with appellant and reverse the judgment of
conviction.
After appellant filed his brief, the State filed its brief and conceded that the search
in question was unlawful. After reviewing the brief and record, we conclude that the
State’s concession of error is well founded. Therefore, we find that the trial court
committed reversible error in overruling appellant’s motion to suppress the evidence
obtained as a result of the search of appellant. Accordingly, we reverse the judgment of
the trial court and remand this matter to the trial court for further proceedings consistent
with this opinion.
Mackey K. Hancock
Justice
Do not publish.
2