Janie Pena Peralez v. State Texas

Opinion ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW Appellant was indicted for aggravated possession of cocaine with intent
to deliver. TEX.REV. CIV.STAT. Art. 4476-15 § 4.03.1 The trial court overruled appellant's pretrial motion to suppress
evidence seized in a search under warrant. Thereafter the appellant waived trial by jury and entered a plea of not guilty.
The trial court found appellant guilty after a bench trial and assessed punishment at fifteen years' confinement in the Texas
Department of Corrections.2 The court of appeals reversed the conviction, holding that the affidavit for search failed to recite sufficient facts to
establish the existence of probable cause by the totality of the circumstances. Avilez v. State, No. A14-89-00538-CR (Tex.
App. -Houston [14th Dist.], August 9, 1990).3 We originally granted the State's petitions for discretionary review to determine
the correctness of this holding in light of the State's contention that the court of appeals misapplied the decision in Illinois
v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), by improperly employing the reliability factor of Aguilar-Spinelli4
as part of its analysis.