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718 S.W.2d 72

Devia v. State

Court of Appeals of Texas

Decided September 30, 1986

Court of Appeals of Texas · decided 1986-09-30

Cited by 1 later decisions — most recently March 1995

1 state decisions

Relies on Roldan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-09-30

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BURGESS, Justice,

¶1concurring.

¶2I wholeheartedly concur in the result and the rationale. I only point out that the facts are glaringly different than those in Roldan v. State, 698 S.W.2d 741 (Tex.App.—Beaumont 1985, pet, pending). In the instant case, the undercover agent actually saw the contraband being loaded onto the truck and the identity of the undercover agent was known to the DEA officer. In Roldan, “the informant had not actually seen the cocaine or the secret welded compartment” and “the reliability and credibility of the unidentified subinformant was unknown”. Therefore, my concurrence in this instance does not diminish my former dissent in Roldan.

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