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Ramon Montoya v. the State of Texas

Appellant was indicted for the state-jail felony offense of driving while intoxicated with a child passenger. After the trial court denied his motion to suppress, appellant, pursuant to an agreement between the parties, pleaded guilty to the lesser offense of driving while intoxicated, a Class B misdemeanor, and was sentenced to one-year community supervision. On appeal, appellant contends that the trial court abused its discretion by denying his motion to suppress. Having overruled appellant's sole issue, the trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-09-00307-CR, 12-08-2010

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OPINION

Appellant, Ramon Montoya, was indicted for the state-jail felony offense of driving while intoxicated with a child passenger.*fn1 After the trial court denied his motion to suppress, Appellant, pursuant to an agreement between the parties, pled guilty to the lesser offense of driving while intoxicated, a Class B misdemeanor, and was sentenced to one-year community supervision.*fn2 On appeal, Appellant contends, in one issue, that the trial court abused its discretion by denying his motion to suppress. For the reasons that follow, we affirm.

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