(Download) "Robert Lee Smith v. State Texas" by Seventh District, Amarillo Court of Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Robert Lee Smith v. State Texas
- Author : Seventh District, Amarillo Court of Appeals of Texas
- Release Date : January 24, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
A jury found appellant Robert Lee Smith guilty of the offense of aggravated possession of a controlled substance, and assessed his punishment at eighteen (18) years confinement in the Texas Department of Corrections (now, the Texas Department of Criminal Justice, Institutional Division). By eight points of error, appellant contends the trial court erred (1-3) by overruling his motion to suppress evidence because the initial stop was a pretextual stop motivated by use of a drug courier profile, consent to search was obtained before Miranda warnings had been given, and the search lacked voluntary consent or probable cause to support it; (4-5) by refusing appellants motion for instructed verdict on the grounds of legal insufficiency of evidence to establish guilt, and a fatal variance between the indictment and proof; (6-7) by refusing to declare a mistrial because of improper jury arguments by the prosecutor; and (8) by refusing appellants motion for new trial because of evidence not previously available to defendant. For the reasons stated, we will affirm.