Tucker v. Texas (Original)
Annotate this CaseAppellant Thomas Paul Tucker was charged by information with possession of two ounces or less of marijuana within 1,000 feet of a drug-free zone in violation of Texas Health and Safety Code sections 481.121 and 481.134(f). Appellant filed two pre-trial motions to suppress, which were denied following a hearing. Appellant pled nolo contendere, and the trial court found him guilty. He was sentenced to ninety days' confinement and a $1,000 fine. The Fourth Court of Appeals affirmed the trial court's ruling, holding that there was sufficient evidence in the record to support the trial court's implied findings. The Court of Criminal Appeals granted Appellant's petition for discretionary review to consider whether the court of appeals erred in upholding the trial court's implicit finding that Appellant's consent to the search of his residence was voluntary. Because the court of appeals failed to evaluate all of the evidence that was admitted into the record by the trial court, the Court reversed and remanded the case to the court of appeals for further proceedings.
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