Albert Wayne Ware v. State Texas

The appellant was convicted of retaliation as proscribed by ? 36.06 Tex. Penal Code (1985) and was assessed punishment at twenty years in the penitentiary and a $10,000 fine. His conviction was affirmed by the Eleventh Court of Appeals in a published opinion: Ware v. State, 697 S.W.2d 70 (Tex. App. Eastland 1985, pet. granted). The appellants Petition for Discretionary Review was granted to examine the Court of Appeals conclusion that the affidavit and warrant that effectuated the appellants arrest was valid and therefore the admission into evidence of a pistol discovered during a search incident to the arrest was valid.