Francisco Armendariz Villa v. The State of Texas--Appeal from 83rd District Court of Pecos County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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FRANCISCO ARMENDARIZ VILLA, ) No. 08-03-00433-CR

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Appellant, ) Appeal from

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v. ) 83rd District Court

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THE STATE OF TEXAS, ) of Pecos County, Texas

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Appellee. ) (TC# P-2506-83-CR)

O P I N I O N

Francisco Armendariz Villa appeals his conviction for possession of more than four but less than 200 grams of cocaine. Appellant waived his right to a jury trial and entered a negotiated plea of guilty. In accordance with the plea bargain, the court assessed punishment at a fine of $1,000 and imprisonment for seven years, probated for seven years. We reverse.

In his first point of error, Appellant asserts that the court erred by denying his motion to suppress the contraband seized during the stop of Appellant s vehicle. The State has confessed error and joins in Appellant s prayer that the cause be reversed. Accordingly, Point of Error No. One is sustained. Given our resolution of Point of Error No. One, it is unnecessary to address Points of Error Nos. Two and Three. The cause is reversed and remanded to the trial court for further proceedings.

July 8, 2004 PER CURIAM

Before Panel No. 2

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

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