Court of Criminal Appeals of Texas

Floyd Ray Gearing, Appellant v. the State of Texas, Appellee

February 13, 19851985 Tex. Crim. App. LEXIS 1219

Summary

The Court affirmed the conviction, holding that the officer's investigative stop was lawful, the pistol was seized in plain view, and the appellant waived any Fourth Amendment error by stating no objection at trial. Two dissenting opinions argued that the detention was unlawful and that the majority improperly addressed state constitutional issues.