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.