Daena April Green V. State Texas (11/28/90‪)‬

Appellant filed a pretrial motion to suppress alleging a search warrant was executed in an untimely manner and the warrant affidavit failed to establish probable cause for issuance of the warrant. The motion was subsequently overruled. Preserving the right to appeal the trial courts ruling on the motion, appellant was convicted on her plea of "no contest" for the offenses of possession of amphetamine and possession of marijuana and sentenced pursuant to a plea agreement to concurrent terms of ten years in the state penitentiary with a fine of $250.00 assessed on each offense. Sentences and fines were suspended and appellant was placed on probation. On direct appeal a panel of the Fourth Court of Appeals, with one Justice concurring, found the underlying affidavit contained sufficient supporting facts so as to constitute probable cause, but concluded that conflicting dates on the face of the affidavit and warrant indicating the latter instrument was filed before the supporting document was sworn out by the complainant, necessitated a holding that the warrant was stale when executed and the subsequent seizure invalid. Green v. State, 765 S.W.2d 887 (Tex.App. - San Antonio 1989). In so holding, the court below rejected the States contention that the conflicting dates were the product of clerical error. This Court granted the States Petition for Discretionary Review to determine the correctness of that decision. TEX.R.APP.P. 200(c)(6). After further review, we will affirm.