Harris v. State
227 S.W.3D 83, 2007.TX.0004908
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Publisher Description
After the trial court denied her pre-trial motion to suppress, the appellant was convicted of possession of a controlled substance and sentenced to ten years imprisonment. The Second Court of Appeals reversed, holding that the inconsistencies between the arresting officers affidavit in support of his search warrant and his testimony at the hearing on the motion to suppress constituted a violation of Franks v. Delaware. We granted the States petition for review on four grounds: three that object to the Court of Appeals substantive reasoning in finding a Franks violation on the facts, and one arguing that the appellant failed to preserve any error for review. We will reverse.