Miller v. State

Appellant pleaded guilty to three counts of possession of child pornography. The district court did not abuse its discretion in denying the appellant's motion to suppress the evidence obtained as a result of searches and subsequent seizure of his removable computer drive. The district court did not abuse its discretion in finding that the state proved by clear and convincing evidence that the appellant's consent to subsequent searches was obtained voluntarily. The district court's judgment is affirmed. Austin Court of Appeals, No. 03-09-00670-CR, 03-09-2011.

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OPINION

Appellant Orval Roger Miller Jr. pleaded guilty to three counts of possession of child pornography. A jury assessed punishment at three years’ imprisonment for count one, ten years’ imprisonment for counts two and three, and a $5,000 fine for each count. Upon recommendation of the jury, the district court suspended imposition of the sentence for counts two and three and placed Miller on community supervision for ten years following his imprisonment on count one. In two issues on appeal, Miller asserts that the district court abused its discretion by denying his motion to suppress because, in Miller’s view, the evidence against him was obtained in violation of (1) his constitutional right to be free from unreasonable searches and seizures and (2) article 38.23 of the Texas Code of Criminal Procedure. We will affirm the judgment.

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