Dimas Moreno v. The State of Texas--Appeal from 137th District Court of Lubbock County (Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 07-11-00248-CR

Case Date: 11/14/2012

Plaintiff: Dimas Moreno

Defendant: The State of Texas--Appeal from 137th District Court of Lubbock County (Per Curiam)

Preview:NO. 07-11-0248-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 14, 2012

DIMAS MORENO, Appellant v. THE STATE OF TEXAS, Appellee _____________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2010-426,193; HONORABLE JOHN J. "TREY" McCLENDON, PRESIDING

Memorandum Opinion

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. Appellant Dimas Moreno was convicted after a guilty plea of possession with intent to deliver cocaine in an amount between two hundred and four hundred grams. The sole issue on appeal is whether probable cause to search appellant's residence was established by an affidavit executed in support of a search warrant. We affirm the judgment. We review the trial court's ruling on a motion to suppress under the standard discussed in State v. Stevens, 235 S.W.3d 736, 739-40 (Tex. Crim. App. 2007) and

Ford v. State, 158 S.W.3d 488, 493 (Tex. Crim. App. 2005).

Our review of the

magistrate's determination of probable cause is constrained to the four corners of the affidavit. Hankins v. State, 132 S.W.3d 380, 388 (Tex. Crim. App. 2004). Moreover, we will uphold the magistrate's determination so long as the affidavit provides sufficient information to have allowed the magistrate to make a practical, common sense decision that, under the totality of the circumstances, there was a fair probability that evidence of a crime would be found in a particular place, Carillo v. State, 98 S.W.3d 789, 791 (Tex. App.

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