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State v. Fudge

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As amended June 29, 2001

Appellee James Dean Fudge was charged with driving while intoxicated. See Tex. Penal Code Ann. � 40.04(a) (West Supp. 2001). He filed a pretrial motion to suppress contending that the evidence of the offense was discovered during an improper investigative stop. Following a hearing, the county court at law suppressed the evidence and the State appeals. See Tex. Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp. 2001). The issue on appeal is whether the police officer lawfully stopped appellee based on unsolicited information given to the officer in a face-to-face manner. We will reverse the order of the county court at law and remand the cause for further proceedings.

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