Court of Criminal Appeals of Texas

Maria Martha Chavez, Appellant v. the State of Texas

January 12, 20002000 Tex. Crim. App. LEXIS 6

Summary

The Court of Criminal Appeals affirmed the Court of Appeals, holding that Maria Martha Chavez lacks standing to invoke Article 38.23 of the Texas Code of Criminal Procedure to suppress the cocaine because the investigating officer did not violate her constitutional rights and any alleged breach of an interlocal agreement is too remote to constitute a statutory violation. The Court relied on Fuller v. State for the standing analysis and concluded that the plain language of Article 38.23 does not require exclusion of the evidence. A dissent argued the Court should have applied Article 38.23 and remanded for determination.