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Sanchez v. State

Appellant appeals his conviction for the misdemeanor offense of driving while intoxicated. The trial court denied the appellant's motion to suppress the evidence obtained as a result of the search warrant issued by a judge of a statutory county court of Montgomery County to be executed in Harris County. The Legislature has limited a statutory county court judge's authority to acting within the county of the court. The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-10-00433-CR, 05-19-2011.

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OPINION

Artemio Orlando Sanchez appeals his conviction for the misdemeanor offense of driving while intoxicated.*fn1 After the trial court denied a motion to suppress evidence, Sanchez pleaded guilty. The trial court sentenced Sanchez to confinement in the county jail for one year, probated for two years, and imposed a $700 fine. In his sole issue, Sanchez contends that the trial court erred by denying his motion to suppress evidence of the results of his blood test because a search warrant may not be issued by a statutory county court judge for execution in a different county. We reverse and remand.

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