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Moffett v. State

Court of Criminal Appeals of Texas, En Banc
May 25, 1988
750 S.W.2d 790 (Tex. Crim. App. 1988)

Opinion

Nos. 1014-86, 1015-86.

May 25, 1988.

Appeal from the 282nd Judicial District Court, Dallas County; Kelly Loving, Judge.

R.K. Weaver (on appeal only), Dallas, for appellant.

Henry Wade, Former Dist. Atty. and Anne B. Wetherholt, Dan Hagood and Toby Shook, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION


A jury convicted appellant of possession of cocaine and of investing in the manufacture of methamphetamine. The trial court assessed his punishment at 20 years and life, respectively, in the Texas Department of Corrections, with a $50,000 fine also imposed in the investment conviction. Both convictions were affirmed on appeal. Moffett v. State, 716 S.W.2d 558 (Tex.App. — Dallas 1986).

Appellant raises eight grounds for review. We agree with the Court of Appeals that none require reversal. However, we do not necessarily agree with the Court of Appeals that appellant did not preserve his State law grounds relating to the validity of the search warrant relied upon in the search of appellant's house. See Polk v. State, 738 S.W.2d 274 (Tex.Cr.App. 1987). As is true in every case where discretionary review is refused, this refusal does not constitute endorsement or adoption of the reasoning employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App. 1983).

With this understanding, we refuse appellant's petition for discretionary review.


Summaries of

Moffett v. State

Court of Criminal Appeals of Texas, En Banc
May 25, 1988
750 S.W.2d 790 (Tex. Crim. App. 1988)
Case details for

Moffett v. State

Case Details

Full title:Larry Wallace MOFFETT, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: May 25, 1988

Citations

750 S.W.2d 790 (Tex. Crim. App. 1988)

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