Opinion
No. 04-00-00580-CR
Delivered and Filed: May 21, 2003. DO NOT PUBLISH.
Appeal From the 216th Judicial District Court, Kerr County, Texas, Trial Court No. A-00-178, Honorable Stephen B. Ables, Judge Presiding. REVERSED AND REMANDED
Sitting: Catherine STONE, Justice, Paul W. GREEN, Justice, Phil Hardberger, Retired Chief Justice (not participating).
MEMORANDUM OPINION
The sole issue raised in this appeal by the State is whether the trial court erred in granting a motion to suppress filed by the defendant Jose "Joe" Angel Trevino. In our original opinion, we affirmed the trial court's order; however, the Texas Court of Criminal Appeals reversed our judgment, noting its recent holding in State v. Scheineman, 77 S.W.3d 810 (Tex.Crim.App. 2002), that "there is no legitimate expectation of privacy in conversations between arrestees who are in custody in a county law enforcement building, even when only the arrestees are present and they subjectively believe that they are unobserved." State v. Trevino, No. 2073-01, 2003 WL 1743870, at *1 (Tex.Crim.App. Feb. 5, 2003) (not designated for publication). The Texas Court of Criminal Appeals remanded the cause to this court for reconsideration in light of Scheineman. Neither party elected to file a brief on remand. In light of the Texas Court of Criminal Appeals' holding in Scheineman, the trial court's order is reversed, and the cause is remanded to the trial court for further proceedings consistent with this opinion.