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Rivera v. State

Trial court's judgment overruling defendant's motion to suppress evidence found in an apartment pursuant to a written consent to search affirmed; the defendant's possession of the keys to the apartment, along with his observed activity in connection with the apartment, demonstrated sufficient authority over the apartment that he could effectively consent to its search.

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OPINION

John Michael Rivera was convicted of possession of more than four but less than 200 grams of heroin. Rivera was convicted by a jury, which found two enhancement paragraphs true. The court sentenced Rivera to fifty years’ confinement.

On appeal, Rivera raises five points of error: In points one and two, he attacks the legal and factual sufficiency of the evidence to support the jury finding that he possessed heroin found in an apartment. In points three and four, he attacks the legal and factual sufficiency of the evidence to support his conviction for possessing heroin found in his vehicle. In point five, he contends the trial court erred in overruling his motion to suppress evidence found in an apartment pursuant to his written consent to search the apartment.

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