# Montelongo v. State

> Court of Criminal Appeals of Texas · February 27, 1980 · 644 S.W.2d 710

URL: https://www.frixlaw.com/law-library/cases/9776777

## Case

- **Full name:** Vicente MONTELONGO, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** February 27, 1980
- **Citations:** 644 S.W.2d 710; 1980 Tex. Crim. App. LEXIS 1120
- **Precedential status:** Published
- **Opinion:** Concurrence by Teague
- **Judges:** Dally, Phillips, Davis, Daly, Clinton, Miller, Teague, Odom
- **Cited by:** 14 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/9776777

## Opinion text

TEAGUE, Judge,
concurring.
For the reasons set forth in my dissent on the denial of appellant’s motion for rehearing in Pearson v. State, 587 S.W.2d 393, 396 (Tex.Crim.App.1979), I would apply Mincey v. Arizona, 437 U.S. 385 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978), retroactively. Thus I do not agree that the search in this case was lawful. The three cases relied upon by the majority to uphold the search in this case do not state the correct law and should be overruled. 1
I concur in the result, however, because the improper admission in evidence of the fishing rod handle was harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). There was ample evidence of appellant’s guilt, and appellant confessed that he spanked his daughter Christine with a fishing rod.
Before the court en banc.
. The cases are Brown v. State, 475 S.W.2d 938 (Tex.Crim.App.1971); Corbett v. State, 493 S.W.2d 940 (Tex.Crim.App.1973), and Tocher v. State, 501 S.W.2d 921 (Tex.Crim.App.1973).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776777. Public record. Not legal advice.