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State v. Nash

The court defers to the trial court's suppression ruling, which turned on an evaluation of the credibility of the witnesses.

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ON REMAND

The State appeals an order of the district court granting appellee Thomas Jarod Nash’s motion to suppress evidence. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 2001). We reversed the district court’s suppression order on original submission. State v. Nash, No. 03-99-00815-CR (Tex. App.-Austin Sep. 14, 2000) (op. on reh’g) (not designated for publication). The court of criminal appeals granted Nash’s petition for discretionary review, vacated our judgment, and remanded the cause for reconsideration in light of State v. Ross, 32 S.W.3d 853 (Tex. Crim. App. 2000). State v. Nash, No. 1980-00 (Tex. Crim. App. Apr. 11, 2001) (not designated for publication). *fn1 We will now affirm the district court’s order.

On the night of August 20, 1999, Nash’s car was stopped by Texas Department of Public Safety troopers Jimmy Morgan and Earnest Del Bosque. During a search of the car following the stop, the troopers found controlled substances. After he was indicted for possession of the substances, Nash filed a motion to suppress the evidence urging that both the initial stop and the subsequent search were unlawful.

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