Radkev.State

Court of Appeals of Texas, Tenth District, WacoJul 30, 2003
No. 10-02-079-CR (Tex. App. Jul. 30, 2003)

No. 10-02-079-CR.

Opinion delivered and filed July 30, 2003. DO NOT PUBLISH.

From the 82nd District Court, Robertson County, Texas, Trial Court # 01-11-17,196-CR.

Craig M. Greaves, Bryan, Stacy Dillard, L.L.P., Bryan, Texas, for Appellant. Linda F. Stutt, Robertson County Asst. District Attorney, Franklin, Texas, for Appellee.

Before Chief Justice Davis, Justice Vance, and Justice Gray


MEMORANDUM OPINION


After the trial court denied his motion to suppress, Todd Radke pled guilty to possession of a controlled substance. The trial court sentenced Radke to one year in a State Jail Facility. Radke appeals the denial of his motion to suppress. We reverse. Radke's motion to suppress was heard at the same time as the motion of his co-defendant, Robyn Brown. They both had the same attorney. They raised the same issues in their motions. The same evidence was presented for both causes. They both appealed and raised the exact same issues on appeal. That being so, the disposition of Radke's issues is the same as the disposition of Brown's issues, and the opinion in Brown's appeal is controlling. See Brown v. State, No. 10-02-084-CR (Tex.App.-Waco July 30, 2003, no pet. h.). Thus, this cause is reversed and remanded to the trial court for further proceedings consistent with this opinion. Reversed and remanded