Medford v. State

• Decision Date: 11 February 1999
• Docket Number: No. 03-97-00769-CR,03-97-00769-CR
• Citation: 990 S.W.2d 799
• Parties: Billy Doyle MEDFORD, Appellant, v. The STATE of Texas, Appellee.
• Court: Texas Court of Appeals

Page 799

990 S.W.2d 799

Billy Doyle MEDFORD, Appellant, v. The STATE of Texas, Appellee.

No. 03-97-00769-CR.

Court of Appeals of Texas Austin.

Feb. 11, 1999.

Erick A. Bovik, Austin, for Appellant.

Charles R. Kimbrough, Criminal District Attorney, Lockhart, for State.

Before Justices JONES, B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

Appellant Billy Doyle Medford appeals from the trial court's denial of his motion to suppress evidence and his subsequent conviction for the offenses of felony escape and possession of cocaine in an amount less than one gram. See Tex. Penal Code Ann. § 38.06(a)(1), (c)(1) (West 1994); Tex. Health & Safety Code Ann. § 481.112(a), (b) (West Supp.1998). The jury found that appellant had five prior felony convictions as alleged in the enhancement paragraphs of the indictment. Pursuant to the habitual felony offender statute, ¹ the jury assessed punishment for the cocaine possession at 20 years' imprisonment and life imprisonment for the escape conviction. The trial court ordered the sentences to run concurrently. In this appeal, Medford claims that the trial court erred in denying his motion to suppress evidence and by submitting to the jury improper definitions of "custody" and "under arrest" in the escape charge; he also challenges the sufficiency of the evidence to support his escape conviction. We will affirm in part and reverse and render in part the trial-court judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Shortly before midnight on March 31, 1997, Lockhart Police Officer Beau Price was patrolling in a marked squad car near the intersection of Rosewood and San Saba Streets in Lockhart. That evening, Officer Price was looking for Ricky Reed, described as a black male of medium to heavy build and five feet ten or eleven inches tall, for whom a felony arrest warrant had recently been issued. Officer Price observed two people standing together near that intersection. As he drove past, he recognized one of them as Travis Branch, whom he knew to have a criminal history. The other was appellant, whom Officer Price testified as fitting the arrest warrant's description of Ricky Reed. ² Officer Price turned around and drove back to the intersection. This time, he saw Travis Matthews and Jennifer Calderon, both of whom he recognized, standing with Branch and Medford. As Officer Price approached the group in his police car, Matthews and Calderon started walking east on Rosewood Street while Branch and Medford headed north on San Saba. Officer Price testified that when he got closer, Medford stepped off the street and began walking through the front yard of an adjoining residence.

Officer Price approached Medford and asked him his name. He testified that appellant was initially evasive but finally identified himself as "Michael Landry." However, Medford was unable to spell that name, and did not reply when asked his date of birth. At this point, Officer Raymond Baladez had arrived on the scene and was standing by in a backup position. Officer Price testified that the area was poorly lit and that he considered it to be a dangerous area after dark; he also knew the area was one in which crack cocaine deals took place at night, and that drug dealers often carry weapons. He decided to frisk Medford for weapons. As he was conducting a pat-down search of appellant's outer clothing, Officer Price felt several small objects in appellant's pants pocket. He testified that he asked appellant what was in his pocket, to which Medford replied: "Cigarettes and matches. You can look." Officer Price then asked appellant if he was giving him consent to look in his pocket, and Medford answered: "I told you you could look." Officer Price removed a pack of cigarettes and a matchbox from appellant's pocket. He shook the matchbox and heard something rolling around inside. Upon opening the box, Officer Price saw several small rocks of what appeared to be crack cocaine.

At that point, Officer Price informed appellant that he was under arrest and instructed Medford to place his hands behind his back. Officer Price testified at trial that he touched Medford's left arm with his left hand and was about to handcuff him when Medford lunged free and began running south. Medford ran across the street, jumped a fence, and ran through neighboring yards with Officer Price in pursuit. After a lengthy chase, Officers Price and Baladez managed to subdue Medford and place him under arrest. Laboratory tests subsequently confirmed that the substance in the matchbox was crack cocaine.

Before trial, appellant moved to suppress the cocaine evidence, claiming that it was seized in violation of his constitutional rights. The judge at the suppression hearing ³ denied appellant's motion. A jury subsequently found appellant guilty of the offenses of escape and possession of cocaine.

On appeal, Medford presents four points of error. In his first two points, appellant claims that the trial court erred in denying his motion to suppress evidence, arguing that the evidence was obtained as the result of an illegal stop and search in violation of his rights under the United States and Texas constitutions. In his third point of error, Medford alleges that the court erred in including improper definitions of "custody" and "arrest" in the jury charge. Finally, appellant challenges the sufficiency of the evidence to support his conviction for escape.

DISCUSSION

Constitutionality of the Initial Detention and Terry Stop

In his first point of error, appellant claims that the stop and search violated his rights under the Fourth Amendment to the U.S. Constitution, and that the trial court abused its discretion in overruling his motion to suppress evidence of the crack cocaine obtained as a result of that illegal stop and search. U.S. Const. Amend. IV. Appellant's second point of error makes the same argument based on appellant's rights under the Texas Constitution. See Tex. Const. art. I, § 9. Because appellant concludes in his brief that search and seizure law under article I, section 9 is interpreted by Texas courts consistent with the federal courts' interpretation of Fourth Amendment law, we will address these points together.

In reviewing a trial court's ruling, an appellate court must first determine the applicable standard of review. The amount of deference a reviewing court affords to a trial court's ruling on a mixed question of law and fact often is determined by which judicial actor is in a better position to decide the issue. See Guzman v. State, 955 S.W.2d 85, 87 (Tex.Crim.App.1997) (citing Miller v. Fenton, 474 U.S. 104, 114, 106 S.Ct. 445, 88 L.Ed.2d 405 (1985)). If the issue involves the credibility of a witness, thereby making the evaluation of that witness's demeanor important, compelling reasons exist for allowing the trial court to apply the law to the facts. See id. (citing Miller, 474 U.S. at 114, 106 S.Ct. 445). On the other hand, if the issue is whether an officer had probable cause to seize a suspect under the totality of the circumstances, the trial judge is not in an appreciably better position than the reviewing court to make that determination. See id. Therefore, although due weight should be given to the inferences drawn by trial judges and law enforcement officers, determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal. See id. (citing Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996)). "[T]he legal rules for probable cause and reasonable suspicion acquire content only through application. Independent review is therefore necessary if appellate courts are to maintain control of, and to clarify the legal principles." Guzman, 955 S.W.2d at 87 (quoting Ornelas, 517 U.S. at 697, 116 S.Ct. 1657).

In a motion to suppress hearing, the trial judge is the sole trier of fact, and he may choose to believe or disbelieve any or all of the witnesses' testimony. See Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990). Under Guzman, we must give great deference to the trial court's ruling to the extent that it involved an evaluation of the credibility of witnesses or an evaluation of their demeanor. Only Officers Baladez and Price testified at the hearing on the motion to suppress; appellant did not testify, and there was no contradictory evidence presented. Because the trial court overruled appellant's motion to suppress, we will presume that the judge found the police officers' testimony credible. However, we will review the issue of "reasonable suspicion" de novo. See Guzman, 955 S.W.2d at 87.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...." U.S. Const. Amend. IV. While appellant concedes that he consented to Officer Price's search of the matchbox the officer detected during the pat-down search, he argues that Officer Price did not have a reasonable suspicion to detain him during their initial confrontation. Appellant cites Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), in which the United States Supreme Court first defined under what circumstances a police officer may stop and frisk an individual without violating the Fourth Amendment:

[When] a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a [police officer] and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled ... to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.

Id. at 30, 88 S.Ct. 1868. Officer...