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Lewis v. State

Lewis did not receive ineffective assistance of counsel because the evidence, obtained after a physician administered a gastric lavage, was not subject to suppression under either the due process clause or the Fourth Amendment.

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Justice Ross

OPINION

Jody Lewis appeals his conviction by a jury for possession of cocaine in an amount greater than or equal to one gram, but less than four grams. The trial court sentenced him to ten years’ imprisonment, but suspended the imposition of his sentence and placed him on ten years’ community supervision. Lewis contends he received ineffective assistance of counsel when his trial attorney failed to seek the suppression of the cocaine, which was removed from Lewis’ stomach without his consent by means of a gastric lavage.

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