State v. Dixon
| Citation | 151 S.W.3d 271 |
| Decision Date | 23 November 2004 |
| Docket Number | No. 06-03-00217-CR.,06-03-00217-CR. |
| Parties | The STATE of Texas, Appellant v. Richard Raymond DIXON, II, Appellee. |
| Court | Court of Appeals of Texas |
Gary L. Waite, Assistant District Attorney, Mark Burtner, Lamar County District Attorney, Paris, for appellant.
Steven Miears, Bonham, for appellee.
Before MORRISS, C.J., ROSS and CARTER, JJ.
The State of Texas appeals from a pretrial order suppressing evidence. The record shows that Richard Raymond Dixon, II, was stopped for a traffic offense and arrested. In a search incident to arrest, the officer found between one and four grams of methamphetamine. Dixon filed a motion to suppress, which the trial court granted after two pretrial hearings.
The State brings three points of error. It first contends the trial court erred in denying its right to a hearing on the motion to suppress and in making findings of fact when no evidence was presented. The State presents no argument in support of its position on this point and admits that the controlling law allows a trial court to decide a pretrial motion without hearing testimony.1 We find the State's lack of briefing on this point waives the issue. Further, we note that the request for findings of fact and conclusions of law was made by the State, not by Dixon. The doctrine of invited error applies, and even if the trial court did err by entering findings of fact, that could not enure to the benefit of the State. See Prystash v. State, 3 S.W.3d 522, 530-32 (Tex.Crim.App.1999).
The State primarily relies on its third point of error, wherein it contends the evidence is insufficient to support the trial court's order of suppression because the court relied on a concept of law that was improperly applied. Specifically, the State contends the trial court suppressed the evidence because it concluded the evidence was improperly obtained through a pretext stop. The State argues that the court's ruling rested on its conclusion this was a pretext stop and thus was per se illegal.
The State's argument is not fully supported by the court's written findings and conclusions. The court stated in its written conclusions it was suppressing the evidence because of the inordinate delay between the alleged traffic offense — not signaling a turn within 100 feet of an intersection2 — and the alleged traffic stop. The State did not suggest that the driver did not signal, but that he did not signal "within so many feet" before he turned. The record shows that, at the location of the alleged failure to signal, the street divides and a driver in the right-hand lane is required to turn right. The trial court found that Dixon's vehicle turned right at this location and concluded the turn was lawful.3
The record further shows that, after this alleged traffic violation, the officers followed Dixon's vehicle for over three miles at in-town speeds before stopping the vehicle, with no suggestion of any reason for a delay. The record also shows that the officers asked for and received permission to search the vehicle, and found nothing. They searched Dixon, and found nothing. They searched the companion, Tina Morales, and found nothing. They then called for a drug dog and a female officer. The drug dog found nothing. However, the female officer searched Morales and found three baggies of methamphetamine in her underwear.
An officer may legally initiate a traffic stop if such officer has a reasonable basis for suspecting a person has committed a traffic offense. See Garcia v. State, 827 S.W.2d 937, 944 (Tex.Crim.App.1992). The burden is on the state to demonstrate the reasonableness of the stop. Tex. Dep't of Pub. Safety v. Chang, 994 S.W.2d 875, 877 (Tex.App.-Austin 1999, no pet.). Stopping a vehicle and detaining its occupants is a seizure within the meaning of the Fourth Amendment. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); Garza v. State, 771 S.W.2d 549, 558 (Tex.Crim.App.1989). A seizure under the Fourth Amendment must be objectively reasonable in light of the particular circumstances of the case. Maryland v. Wilson, 519 U.S. 408, 411, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997); Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Whether a stop is reasonable depends on "a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers." Wilson, 519 U.S. at 411, 117 S.Ct. 882; United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975); Prouse, 440 U.S. at 654-55, 99 S.Ct. 1391, 59 L.Ed.2d 660.
The trial court concluded that the traffic stop was not reasonable, finding that it occurred 3.2 miles from the point of the alleged illegal turn and that "[n]o outside force or entity interfered with the arresting officer's ability to stop [Dixon]'s vehicle between the point of the alleged violation and the actual stop...." The court specifically found that the officers' stop of Dixon was not within a reasonable time or a reasonable distance after the alleged violation.
The State argues this scenario is effectively the same one addressed by this Court in State v. Kreie, No. 06-03-00084-CR, 2003 WL 22415741 (Tex.App.-Texarkana Oct. 24, 2003, no pet.) (not designated for publication). In that case, we recognized explicitly that the pretext doctrine no longer invalidates a stop and that, in considering whether an offense has been committed, "an officer's subjective intent is relevant only to a credibility determination of his stated reasons for stopping or arresting an individual." Id. at *1; Garcia, 827 S.W.2d at 944. We also recognized that, if a trial court disbelieved that an offense had occurred, then the court could suppress the evidence obtained as a result of the unlawful stop and that we are required to defer to the trial court's ruling because it necessarily turns on an evaluation of the credibility of the witnesses. Kreie, 2003 WL 22415741, at *1; State v. Ross, 32 S.W.3d 853, 856 (Tex.Crim.App.2000).4
The critical difference in the instant case and Kreie is that, in this case, the court did not suppress the evidence because it found the stop was merely a pretext to look for drugs. The court suppressed the evidence because it concluded the 3.2-mile delay between the officers' claimed observation of a traffic offense and the ultimate stop was not within a reasonable time or a reasonable distance after the alleged violation. It also specifically found that nothing interfered with the officers' ability to stop the vehicle earlier.
At a suppression hearing, the trial court is the sole judge of the credibility of the witnesses and the weight to be given their testimony, and may choose to believe or disbelieve any or all of a witness' testimony. Alvarado v. State, 853 S.W.2d 17, 23 (Tex.Crim.App.1993); Allridge v. State, 850 S.W.2d 471, 492 (Tex.Crim.App.1991). In this case, the trial court entered findings of fact (inferring findings in favor of ruling). The trial court's ruling will only be reversed on appeal if no reasonable view of the record can support the trial court's conclusion under the correct law as applied to the facts viewed in the light most favorable to its legal conclusion. DuBose v. State, 915 S.W.2d 493, 497-98 (Tex.Crim.App.1996); State v. Rivenburgh, 933 S.W.2d 698, 700 (Tex.App.-San Antonio 1996, no pet.). To establish an abuse of discretion, the appealing party must show that the trial court's ruling lies outside the "zone of reasonable disagreement." DuBose, 915 S.W.2d at 496-97.
Further, the appellate court must sustain the trial court's ruling if it is reasonably supported by the record and is correct on any theory of law applicable to the case. Villarreal v. State, 935 S.W.2d 134, 138 (Tex.Crim.App.1996); James v. State, 72 S.W.3d 35, 40 (Tex.App.-Texarkana 2001, pet. ref'd).
There is little guidance to be had on the question of how much time or distance can elapse...
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