Maldonado v. State, 38636
| Citation | 397 S.W.2d 862 |
| Decision Date | 01 December 1965 |
| Docket Number | No. 38636,38636 |
| Parties | Gilbert MALDONADO, Appellant, v. The STATE of Texas, Appellee. |
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Leo N. Duran (On Appeal Only), Corpus Christi, F. I. Gandy, Jr. (On Appeal Only), Corpus Christi, for appellant.
Sam L. Jones, Jr., Dist. Atty., Douglas Tinker, Asst. Dist. Atty., Corpus Christi, and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is burglary with a prior conviction for an offense of the same nature alleged for enhancement; the punishment, 12 years.
The witness Cortez testified that she was the caretaker of a complex of apartments, that on the night in question she observed an automobile drive into the complex and park before an apartment whose occupants had no automobile and that she observed a man leave on foot and return and drive away. She stated that in a short while the same automobile returned and parked in the same place, that two men walked away and that she took the license number and called the police. Still later, the men returned to the automobile carrying paper sacks under their arms and drove away.
On cross examination in answer to appellant's counsel's questions, she stated that she had identified appellant at a police lineup as being one of the two men.
The apartment complex was shown by other testimony to be less than a city block from the Morris Discount House which was shown to have been broken into that night.
Officer Harris testified that he went on duty at 11:00 p. m. on the night in question, that he went to the apartment complex, talked to Mrs. Cortez, and there found a black and white Mercury parked and unoccupied, that he and his fellow officer were called away from the complex to quell a disturbance and that when they returned the Mercury was gone. He stated that when he came on duty the next night he was alerted to be on the lookout for this particular Mercury, the license number of which he had taken the night before, and that he found it parked in front of the Avenue Cafe. He entered the cafe, found appellant in an intoxicated condition and placed him under arrest. After he had placed appellant in the patrol car he 'told him (appellant) I wanted to search it (the black and white Mercury) while he was there * * * and he gave me the keys.' Inside the trunk of the Mercury Officer Harris found merchandise which was identified as having come from the Morris Discount House.
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Shippy v. State, 53831
...of her apartment was voluntary. The evidence seized was properly admitted. Swift v. State, Tex.Cr.App., 509 S.W.2d 586; Maldonado v. State, Tex.Cr.App., 397 S.W.2d 862. Appellant insists that his confession was improperly admitted into evidence. He argues that the confession was obtained on......
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Stevenson v. State, 42894
...apartment, as the entry was shown to be with appellant's consent, Sampson v. State, 160 Tex.Cr.R. 302, 268 S.W.2d 661; Maldonado v. State, Tex.Cr.App., 397 S.W.2d 862. Officers also were within their authority to seize the bedspread as it was in open view and fitted the description of the s......
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Weatherly v. State, 44504
...An appellant cannot complain of searches made with his consent. Stevenson v. State, 456 S.W.2d 60 (Tex.Cr.App.1970); Maldonado v. State, 397 S.W.2d 862 (Tex.Cr.App.1966); DeVoyle v. State, 471 S.W.2d 77 Under the totality of the circumstances, it appears that the appellant did give a valid ......
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DeVoyle v. State, 43716
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