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Click here for the full text of this decision FACTS:Police officers obtained a search warrant as a part of their investigation of Freddie James Smith for identity theft and fraud. Although Officer Thomas Griffin, the affiant, swore before the magistrate to the truth of the facts within the affidavit, he forgot to sign it. Not noticing that omission, the magistrate signed the search warrant, and local police officers executed it. While searching appellant’s house, the officers found two shotguns, and Smith was charged with possession of a firearm by a felon. Because Griffin failed to sign his affidavit, appellant sought to suppress the evidence obtained during the search. The trial court denied the motion to suppress, appellant pleaded guilty to possession of a firearm by a felon and he was sentenced to 10 years’ imprisonment. The court of appeals held that an affidavit need not be signed to be properly sworn. HOLDING:Affirmed. The Court of Criminal Appeals held that the failure to sign a search warrant affidavit does not by itself invalidate the warrant if other evidence proves that the affiant personally swore to the truth of the facts in the affidavit before the issuing magistrate. OPINION:Cochran, J., delivered the opinion of the court, in which Meyers, Price, Womack, Johnson, Keasler, Hervey and Holcomb, J.J., joined. DISSENT:Keller, P.J. dissented without an opinion.

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