Ricardo Vasquez v. State

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



RICARDO VASQUEZ,


                            Appellant,


v.


THE STATE OF TEXAS,


                            Appellee.

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No. 08-04-00302-CR


Appeal from the


34th Impact Court


of El Paso County, Texas


(TC# 20040D00399)


O P I N I O N

           Appellant was charged with the offense of possession of cocaine with intent to deliver. Appellant pleaded guilty and the court assessed punishment at fifteen years’ imprisonment in the Institutional Division of the Texas Department of Criminal Justice. We reverse and remand.

           In Appellant’s sole issue on appeal, he asserts that the court erred in denying his motion to suppress the evidence. In its brief, the State agrees with Appellant’s contention and joins in Appellant’s prayer to reverse and remand this cause. We are in accord with the parties. Accordingly, we sustain Appellant’s assertion that the court erred in failing to grant his motion to suppress the evidence, and we reverse and remand this cause to the trial court for proceedings not inconsistent with this opinion.

                                                                  RICHARD BARAJAS, Chief Justice

April 21, 2005


Before Barajas, C.J., McClure, and Chew, JJ.


(Do Not Publish)