Vactor v. State
181 S.W.3D 461, 2005.TX.0008570
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
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After the trial court denied his motion to suppress evidence, Bruce Alan Vactor pled guilty to the offense of possession of a controlled substance (cocaine) in an amount greater than one gram but less than four grams, a third-degree felony. See Tex. Health & Safety Code Ann. 481.102(3)(D) (Vernon Supp. 2005) (cocaine is group 1 drug); 481.115(c) (Vernon 2003) (offense of possessing penalty group 1 drug). There was no negotiated plea agreement, and Vactors punishment range was enhanced by virtue of his plea of "true" to having been previously and finally convicted of one other felony offense. See Tex. Pen. Code Ann. 12.42(c)(1) (Vernon Supp. 2005) (enhanced range fifteen to ninety-nine years or life). The trial court sentenced Vactor to fifteen years imprisonment. Vactor now appeals, contending the trial court erred by denying his motion to suppress in contravention of his state and federal constitutional rights. We affirm.