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Melugin v. State

Court of Criminal Appeals of Texas, En Banc
Nov 26, 1997
956 S.W.2d 43 (Tex. Crim. App. 1997)

Opinion

No. 1129-95.

November 26, 1997.

Appeal from 228th District Court, Harris County, Ted Poe, J.

W. Troy McKinney, Houston, for appellant.

Carol M. Cameron, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW


Appellant was convicted of possession with intent to deliver a controlled substance, namely, cocaine, weighing more than 400 grams. The trial judge assessed punishment at confinement for fifteen years and a fine in the amount of $20,000. The Court of Appeals reversed, holding there was no reasonable suspicion to support appellant's detention. Melugin v. State, 908 S.W.2d 12 (Tex.App. — Houston [1st Dist.] 1995).

At the time of its decision, the Court of Appeals did not have the benefit of our opinion in Hunter v. State, 955 S.W.2d 102 (Tex.Cr.App. 1997), which considered whether a request for permission to search a defendant's luggage turns an otherwise consensual search into a detention. Accordingly, we summarily grant the State's petition for discretionary review, vacate the judgment of the Court of Appeals and remand the case to that Court to reconsider appellant's point of error in light of Hunter, supra.


Summaries of

Melugin v. State

Court of Criminal Appeals of Texas, En Banc
Nov 26, 1997
956 S.W.2d 43 (Tex. Crim. App. 1997)
Case details for

Melugin v. State

Case Details

Full title:Jody Paul MELUGIN, Appellant, v. The STATE of Texas

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Nov 26, 1997

Citations

956 S.W.2d 43 (Tex. Crim. App. 1997)