# Morgan v. State

> Court of Criminal Appeals of Texas · March 6, 1985 · 688 S.W.2d 504

URL: https://www.frixlaw.com/law-library/cases/9672631

## Case

- **Full name:** Guy MORGAN, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 6, 1985
- **Citations:** 688 S.W.2d 504; 1985 Tex. Crim. App. LEXIS 1240
- **Precedential status:** Published
- **Opinion:** Concurrence by Teague
- **Judges:** Clinton, Teague, Onion, White
- **Cited by:** 76 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672631

## How later opinions describe it (automated extraction)

- noting that "the record of the plea hearing revealed it to be the understanding and agreement of all concerned" that defendant could appeal adverse ruling on motion to suppress

## Opinion text

TEAGUE, Judge,
concurring.
In this instance, the majority opinion holds, for purposes of Art. 44.02, Y.A.C. C.P., that if the defendant files a written pretrial motion to suppress, after which a hearing is held thereon but the trial judge denies or overrules the motion, and thereafter the defendant enters into a plea bargain agreement, which entitles him to appeal the trial court’s ruling on the motion to suppress, and the plea bargain agreement is consummated, if there is an appeal, an appellate court will review the merits of the defendant’s contention, that the trial court erred in denying or overruling the pretrial motion to suppress, without resorting to any sort of legal “technicality” in order to avoid addressing the issue whether the trial court erred in denying or overruling the motion to suppress. See and compare Dees v. State, 676 S.W.2d 403 (Tex.Cr.App.1984); Morgan v. State, 608 S.W.2d 639 (Tex.Cr.App.1980); Velasquez v. State, 608 S.W.2d 674 (Tex.Cr.App.1980); and Cleveland v. State, 588 S.W.2d 942 (Tex.Cr.App.1979).
With the above qualifying remarks, I join the majority opinion.
However, but in order that there be no mistake or misunderstanding about what the majority opinion is actually holding, it, the majority, should expressly overrule the following cases of this Court: Strother v. State, 619 S.W.2d 177 (Tex.Cr.App.1981); Mooney v. State, 615 S.W.2d 776 (Tex.Cr.App.1981); Brewster v. State, 606 S.W.2d 325 (Tex.Cr.App.1980); Haney v. State, 588 S.W.2d 913 (Tex.Cr.App.1979); Prochaska v. State, 587 S.W.2d 726 (Tex.Cr.App.1979); Mitchell v. State, 586 S.W.2d 491 (Tex.Cr.App.1979); Salazar v. State, 582 S.W.2d 469 (Tex.Cr.App.1979); and Ferguson v. State, 571 S.W.2d 908 (Tex.Cr.App.1978).
Additionally, but to further eliminate any question about what it is holding, it, the majority, should also expressly overrule language in the following cases which appears to state or hold that which is contrary to what it is holding in this cause: Snyder v. State, 629 S.W.2d 930 (Tex.Cr.App.1982); Galitz v. State, 617 S.W.2d 949 (Tex.Cr.App.1981); Brown v. State, 617 S.W.2d 196 (Tex.Cr.App.1981).
With the above qualifications, and recommendations, I respectfully, but wholeheartedly, join the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672631. Public record. Not legal advice.