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Steele v. State

Appellant Homer Clark Steele appeals judgments convicting him for indecency with a child and possession of child pornography. After the trial court denied his motion to suppress, appellant pleaded guilty to both charges. The proper method to determine whether the facts supporting a search warrant have become stale is to examine, in light of the type of criminal activity involved, the time elapsing between the occurrence of the events set out in the affidavit and the time the search warrant was issued. The trial court did not err by denying appellant's motion to suppress because the affidavit supporting the search warrant contained evidence that appellant continued to be in possession of child pornography at the time the search warrant was issued and executed. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, 01-10-00788-CR, 08-11-2011.

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MAJORITY OPINION

Appellant, Homer Clark Steele, appeals judgments convicting him for indecency with a child and possession of child pornography. See TEX. PENAL CODE ANN. §§ 21.11(a)(1), (2)(B) (West Supp. 2010), 43.26(a) (West 2003). After the trial court denied his motion to suppress, appellant pleaded guilty to both charges. The trial court assessed appellant’s punishment at 20 years’ imprisonment for indecency with a child and 10 years’ imprisonment for possession of child pornography. On appeal, appellant contends that the trial court erred by denying his motion to suppress evidence obtained as a result of a search that he alleges was illegal on the ground that the affidavit supporting the search warrant was insufficient to establish probable cause. We conclude that the affidavit established probable cause and that the trial court properly denied appellant’s motion. We affirm.

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