Brooks v. State

• Citation: 76 S.W.3d 426
• Decision Date: 14 February 2002
• Docket Number: No. 14-01-00080-CR.,14-01-00080-CR.
• Parties: Terrance Dewayne BROOKS, Appellant, v. The STATE of Texas, Appellee.
• Court: Court of Appeals of Texas

76 S.W.3d 426

Terrance Dewayne BROOKS, Appellant, v. The STATE of Texas, Appellee.

No. 14-01-00080-CR.

Court of Appeals of Texas, Houston (14th Dist.).

February 14, 2002.

Kevin C. Rekoff, Galveston, for appellant.

B. Warran Goodson, Jr., Galveston, for appellee.

Panel consists of Justices ANDERSON, HUDSON, and FROST.

OPINION

KEM THOMPSON FROST, Justice.

Appellant Terrance Dewayne Brooks appeals his conviction of possession with intent to deliver a controlled substance. He contends the trial court erred by denying his motion to suppress and by improperly admitting evidence of extraneous offenses during punishment. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On December 30, 1998, during the usual midnight shift briefing, Texas City patrol officers learned that appellant was a suspect in a series of armed robberies and had several outstanding municipal court warrants. The officers were provided with a description of appellant and his vehicle. The vehicle was described as a beige Oldsmobile Cutlass Supreme, with license plate number 117VQN.

Early the next morning, Officer John Zimmers saw an unoccupied vehicle matching the description of appellant's automobile at the Sundance Apartments in Texas City. After a few hours of surveillance, Officer Zimmers saw an African-American male fitting appellant's description, using a cellular telephone and holding a plastic bag containing a white substance, get in the car and drive away. Officer Zimmers immediately notified the police dispatch operator and his supervisor, Sergeant LaRoe.

Officer Brett Cyr, patrolling nearby in an unmarked police car, saw the vehicle leave the apartment complex. Officer Cyr allowed the vehicle to pass him and then positioned his vehicle behind appellant's vehicle at a stop light and activated his emergency lights. Two other police cars did the same. Appellant slowed briefly, but continued through the red light, going east. Officer Cyr turned on his siren after he saw appellant running the red light. With emergency lights engaged and siren on, Officer Cyr pursued the vehicle to 13th Avenue, where it turned into the parking lot of the Bay Point Apartments.

Officer Zimmers, already parked in the Bay Point Apartments' parking lot, watched appellant's vehicle as it entered the complex. Officer Zimmers got out of his car and drew his weapon when appellant's car approached him. Appellant accelerated and drove toward Officer Zimmers. After passing Officer Zimmers, appellant jumped from his still moving vehicle and started to run. Officer Zimmers and Sergent LaRoe saw appellant run into the apartment complex carrying a transparent plastic bag containing a white substance. Sergeant LaRoe chased appellant until he eventually tackled him. Then, with assistance from other officers, Sergeant LaRoe restrained appellant. The officers took appellant into custody and seized the plastic bag in his possession. The contents of the plastic bag tested positive for cocaine. The Texas City police arrested appellant.

Appellant provided a slightly different version of the events. Appellant testified that although he saw the police car behind him, he did not stop because he believed he was not doing anything wrong. Furthermore, appellant testified that the reason he jumped from his moving car and started to run was not because he was carrying 400 grams of cocaine, but because he saw an officer holding a weapon and was afraid of being shot. Appellant claims that Officer Zimmers drew his gun before appellant drove toward him.

Appellant was indicted with the felony offense of possession of more than 400 grams of cocaine with the intent to deliver. He filed a motion to suppress the cocaine seized during his arrest. After a hearing, the trial court denied appellant's motion to suppress. Appellant then entered a plea of no contest and waived his right to a jury trial. The trial court found appellant guilty as charged and assessed punishment at forty years' confinement in the Texas Department of Criminal Justice, Institutional Division.

II. MOTION TO SUPPRESS

In his first point of error, appellant contends the trial court erred in denying his motion to suppress evidence obtained during his arrest. More specifically, appellant argues that the police lacked probable cause to arrest and search him based on outstanding municipal arrest warrants.

At the hearing on appellant's motion to suppress, the State asserted the following three grounds in justification of appellant's arrest and search: (1) nineteen separate Texas City municipal arrest warrants `for the failure to appear'; (2) evading arrest; and (3) possession of cocaine. The trial court denied appellant's motion to suppress on the ground that seven of the nineteen municipal arrest warrants were supported by probable cause. Appellant contends the trial court erred because the warrants fail to contain sufficient factual assertions by an affiant with personal knowledge to establish probable cause. Appellant's contention, as to the seven warrants at issue, lacks merit.¹

A. Standard of Review

We review the trial court's ruling on a motion to suppress evidence under an abuse of discretion standard. Long v. State, 823 S.W.2d 259, 277 (Tex.Crim.App. 1991). A trial court's ruling on a motion to suppress, if supported by the record, will not be overturned. Hill v. State, 902 S.W.2d 57, 59 (Tex.App.-Houston [1st Dist.] 1995, pet. ref'd). At a suppression hearing, the trial judge is the sole finder of fact. Arnold v. State, 873 S.W.2d 27, 34 (Tex.Crim.App.1993); Hill, 902 S.W.2d at 59. The trial judge is free to believe or disbelieve any or all of the evidence presented. Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990).

In reviewing a trial court's ruling on a motion to suppress, we afford almost total deference to the trial court's determination of the historical facts that the record supports, especially when the trial court's findings turn on evaluating a witness's credibility and demeanor. State v. Ross, 32 S.W.3d 853, 856 (Tex.Crim.App. 2000); Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997). We afford the same amount of deference to the trial court's ruling on "application of law to fact questions," also known as "mixed questions of law and fact," if resolving those ultimate questions turns on evaluating credibility and demeanor. Ross, 32 S.W.3d at 856.

Review of a trial court's decision on a motion to suppress calls for the reviewing court to consider de novo issues that are purely questions of law, such as whether reasonable suspicion or probable cause existed at the time of the search or seizure. See Guzman, 955 S.W.2d at 89. If the trial court's ruling is reasonably supported by the record and is correct on any theory of law applicable to the case, the reviewing court will sustain it upon review. See Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996). This is true even if the decision is correct for reasons totally different from those espoused at the hearing. See id.

In this case, the trial court specifically stated it was denying the motion to suppress on the sole ground that the seven municipal warrants provided the officers with probable cause to arrest and search appellant. Because the trial court specified its reason for denying the motion, we must first address that ground. However, if we disagree with the trial court's reason, but find its ruling on the motion to suppress correct on a different theory of law applicable to the case, we still may sustain its decision.

B. Probable Cause to Arrest and Search

The United States and Texas Constitutions protect against unreasonable seizures and prohibit warrants lacking probable cause. See U.S. Const. amend. IV; Tex. Const. art. I, § 9. Arrests generally must be supported by the same level of probable cause, with or without a warrant. See Whiteley v. Warden, Wyo. State Penitentiary, 401 U.S. 560, 564-66, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971). A detached and neutral magistrate must find probable cause before a warrant for an arrest may be issued. Coolidge v. New Hampshire, 403 U.S. 443, 449, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). For purposes of constitutional scrutiny, there is no substantial difference between an arrest warrant and a capias. Sharp v. State, 677 S.W.2d 513, 517 (Tex.Crim.App.1984).

An affidavit must provide the magistrate with sufficient factual information to support an independent judgment that probable cause exists to believe that the accused has committed an offense. McFarland v. State, 928 S.W.2d 482, 509 (Tex.Crim.App.1996). Thus, the magistrate's action cannot be a mere ratification of the bare conclusions of others. Illinois v. Gates, 462 U.S. 213, 239, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). In determining the sufficiency of an affidavit supporting an arrest warrant, a reviewing court is limited to the "four corners" of the affidavit. Id. at 510, 103 S.Ct. 2317. Affidavits are viewed in a common sense rather than hypertechnical manner. Id. A presumption is indulged in favor of the regularity of the proceedings in a lower court unless the record presents affirmative evidence to the contrary. Garza v. State, 896 S.W.2d 192, 197 (Tex.Crim.App.1995).

State's exhibits one through seven are municipal warrants issued for appellant's arrest for failure to appear. A close review of these exhibits shows that the affidavits and complaints were prepared by the municipal court clerk of Texas City, in her capacity as a custodian of the records in Municipal Court. The court clerk swore that appellant had failed to appear as ordered before the Municipal Court of Texas City to face various traffic and driving violations. The language in all seven complaints, as referenced in the warrants, provides in relevant part:

IN THE NAME AND AUTHORITY OF THE STATE OF TEXAS:

I, the undersigned affiant, do solemnly swear that I have good reason to believe, and do believe that on or about [said date] and before making and filing...