context: As appellee points out, Wilson was a case in which the defendant appealed after the trial court denied his motion to suppress, and did not involve a State's appeal.
citation_a.signal: see also
citation_a.parenthetical: noting that standing is no longer considered a separate and distinct issue from a Fourth Amendment claim and that the issue might not be waived by the government for failure to assert it before the trial court
citation_a.sentence: Cf. Wilson, 692 S.W.2d at 668 (recognizing though not relying upon the line of cases which hold the government may raise the issue of standing for the first time on appeal regardless of whether the motion to suppress was granted or denied); State v. Brady, 763 S.W.2d 38, 42 (Tex.App. — Corpus Christi 1988, no pet.) (considering the standing issue sua sponte despite fact that State did not contest the issue before the trial court or on appeal in a case where defendant’s suppression motion was granted); see also, United States v. Caicedo-Llanos, 960 F.2d 158, 162-63 (D.C.Cir.1992) (declaring the personal nature of Fourth Amendment rights obligates the party asserting them to prove his rights were violated and may allow appellate consideration of questions of law, such as standing, which were neither pressed nor passed upon by the court below); United States v. Morales, 737 F.2d 761, 764 (8th Cir.1984) (finding government lost right to challenge standing issue by making inconsistent arguments at the suppression hearing and on appeal); United States v. Hultgren, 713 F.2d 79, 83 n. 6 (5th Cir.1983) (noting that standing is no longer considered a separate and distinct issue from a Fourth Amendment claim and that the issue might not be waived by the government for failure to assert it before the trial court); United States v. Hansen, 652 F.2d 1374 (10th Cir.1981) (allowing government to challenge standing issue for first time on appeal after defendant’s motion to suppress was granted).
citation_b.signal: no signal
citation_b.identifier: 692 S.W.2d 668, 668
citation_b.parenthetical: noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress
citation_b.sentence: Wilson, 692 S.W.2d at 668 (noting at the time Wilson was decided that the State did not have the right to appeal the granting of a motion to suppress); Flores, 871 S.W.2d at 720. Although distinguishable in this respect, the reasoning of Wilson is still applicable to the instant case and the observations made in Wilson remain true regardless of which party originally initiates the appellate process.