Marquis Richardson v. The State of Texas--Appeal from 6th District Court of Lamar County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-06-00218-CR
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MARQUIS RICHARDSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court
Lamar County, Texas
Trial Court No. 21116
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Marquis Richardson appeals from his conviction for possession with intent to deliver cocaine, between four and 200 grams. After the trial court denied his pretrial motion to suppress the evidence based on a claim that the search was improper, Richardson pled guilty. He was sentenced to twelve years' imprisonment.

Richardson contends the court erred by finding the search that resulted in discovery of the contraband lawful because police made an unlawful warrantless entry into the apartment. He argues that he had standing to contest the search because he was an overnight guest in the apartment, and also that there were no exigent circumstances to justify a warrantless search.

Richardson has a second appeal before us in cause number 06-06-00217-CR. The record is the same for both cases, and the briefs and arguments raised on appeal are identical. For the reasons set out in that opinion, we likewise find that he had no standing to contest this search, and we reach the same conclusion in this opinion.

We affirm the judgment.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: March 21, 2007

Date Decided: April 18, 2007

 

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