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Delafuente v. State

Because no witnesses testified at the appellant's trial, the court of appeals reviewed de novo the question of whether reasonable suspicion existed. The court of appeals' judgment is vacated and remanded in light of Mendoza v. State. Court of Criminal Appeals, No. PD-0573-12, 06-20-2012.

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OPINION

Appellant was convicted of possession of marijuana and sentenced to 3 days confinement. On appeal, Appellant claimed that the trial court erred in denying his motion to suppress because there was no reasonable suspicion to stop the vehicle in which he was traveling. The Court of Appeals reversed, holding that there were no specific, articulable facts in the record that would support reasonable suspicion for the traffic stop. The court of appeals noted that the existence of reasonable suspicion during a traffic stop is a mixed question of law and fact. The only evidence admitted during the suppression hearing was the arresting officer’s offense report. Because no witnesses testified, the court of appeals reviewed de novo the question of whether reasonable suspicion existed. Delafuente v. State, ___ S.W.3d ___, No. 14-11-00500-CR (Tex. App.-Houston [14th Dist.], April 3, 2012). The State Prosecuting Attorney petitioned this Court for discretionary review

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