Court of Criminal Appeals of Texas
The State of Texas, Appellant v. Luis Mercado, Appellee
May 27, 19981998 Tex. Crim. App. LEXIS 68
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals and remanded, holding that the appellate court erred by reversing the trial court's suppression ruling on a theory of search incident to arrest that was never presented at trial. The State, as appellant, could not raise a new legal theory on appeal without first giving the trial court an opportunity to consider it.