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Moskey v. State

In one issue on appeal, appellant contends that the trial court abused its discretion in denying appellant's motion to suppress, because the state did not prove that the arresting officers conducted a valid inventory search according to departmental procedures and the search did not meet the requirements of a valid search incident to arrest under the U. S. Supreme Court decision Arizona v. Gant (2009). The trial court correctly denied appellant's motion to suppress evidence, and therefore the order of the trial court's order is affirmed. Houston's 1st Court of Appeals, No. 01-09-00532-CR, 11-10-2010

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OPINION

After the trial court denied his motion to suppress evidence, appellant, Sean Patrick Moskey, pleaded guilty to the Class B misdemeanor offense of possession of less than two ounces of marijuana.*fn1 Pursuant to appellant’s agreement with the State, the trial court deferred adjudication of guilt, placed appellant on community supervision for one year, and assessed a $300 fine. In one issue on appeal, appellant contends that the trial court abused its discretion in denying appellant’s motion to suppress because the State (1) did not prove that the arresting officers conducted a valid inventory search according to departmental procedures and (2) the search did not meet the requirements of a valid search incident to arrest under Arizona v. Gant.*fn2

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