[DOWNLOAD] "Douglas Eugene Holladay v. State Texas" by Supreme Court Of Utah # eBook PDF Kindle ePub Free

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eBook details

• Title: Douglas Eugene Holladay v. State Texas
• Author : Supreme Court Of Utah
• Release Date : January 06, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Appellant was convicted upon his guilty plea of possession of a controlled substance, cocaine, weighing less than 28 grams including adulterants and dilutants. V.T.C.A. Health & Safety Code ? 481.115. Pursuant to a plea bargain, the trial court assessed appellants punishment at 7 years confinement in the Texas Department of Corrections, probated, and an $1,800.00 fine. Appellant raised one point of error in the court of appeals contending the trial court erred in overruling his motion to suppress the cocaine which he alleged was illegally seized. The court of appeals affirmed appellants conviction, implicitly holding appellant was not detained for Fourth Amendment purposes. Holladay v. State, 755 S.W.2d 501, 505 (Tex.App. - Houston [14th Dist.] 1988). We granted appellants petition for discretionary review to determine "whether the Court of Appeals properly followed and applied this Courts decision in Daniels v. State, 718 S.W.2d 702 (Tex.Crim.App. 1986), and the United States Supreme Court decision of United States v. Mendenhall, 446 U.S. 544, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980), in affirming Petitioners conviction".

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