(DOWNLOAD) "Rothenberg v. State" by Texas Tenth District Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Rothenberg v. State
- Author : Texas Tenth District Court of Appeals
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
After the trial court denied his motion to suppress, appellant, Eric Lee Rothenberg, pleaded guilty, pursuant to a plea agreement, to the offense of possession with intent to deliver methamphetamine weighing more than four grams and less than 200 grams. See Tex. Health & Safety Code Ann. §§ 481.102(6), 481.112(a), (d) (Vernon 2003). As part of the agreement, appellant also pleaded true to two enhancement paragraphs alleging the prior offenses of delivery of, and possession of, controlled substances. The trial court found appellant guilty, assessed his punishment at 30 years in prison, and certified his right to appeal the pretrial ruling. See id. § 481.112(d); Tex. Pen. Code Ann. §§ 12.32(a), 12.42(d) (Vernon 2003); Tex. R. App. P. 25.2(a)(2)(A). We are asked to determine whether, under Texas Constitution article I, section 9, law-enforcement personnel could, without appellants consent, unlock a box in appellants car and review its contents during a post-arrest inventory of the vehicle. See Tex. Const. art. I, § 9. Based on this Courts recent resolution of this very issue in Garza v. State, No. 01-00-00625-CR, 2004 WL 1172323 (Tex. App.-Houston [1st Dist.] May 27, 2004, no pet. h.), we answer the question in the affirmative. We affirm.
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