Texas Court of Appeals, 9th District (Beaumont) May 20, 1992, 09-91-012 CR (State v. Hammitt)

BURGESS, Justice,

dissenting.

I respectfully dissent. The majority correctly states the law and correctly analyzes it vis á vis search and seizure. However, the admissibility of evidence, in this instance, the exclusion of evidence via a motion to suppress, is within the sound discretion of the trial judge.