Ricardo Vasquez v. The State of Texas--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RICARDO VASQUEZ,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

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(Do Not Publish)