Bradshaw v. State

40 S.W.3d 655, 2001 Tex. App. LEXIS 963, 2001 WL 120054
CourtCourt of Appeals of Texas
DecidedFebruary 14, 2001
Docket04-97-00240-CR
StatusPublished
Cited by10 cases

This text of 40 S.W.3d 655 (Bradshaw v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradshaw v. State, 40 S.W.3d 655, 2001 Tex. App. LEXIS 963, 2001 WL 120054 (Tex. Ct. App. 2001).

Opinions

PRESTON H. DIAL, Justice (Assigned).

This ease is on remand from the Texas Court of Criminal Appeals. Antonio Bradshaw (“Bradshaw”) appeals the trial court’s order, deferring his adjudication for misdemeanor possession of marijuana and placing him on community supervision. Bradshaw raises five points of error direct[658]*658ed at the trial court’s ruling on his pretrial motion to suppress. Bradshaw sought to suppress the marijuana seized from a drawer in a room in which he was staying in the home of Michael Robuck.2 We reverse the trial court’s judgment and render judgment acquitting Bradshaw of the charges pending against him.

PROCEDURAL HISTORY OP APPEAL

On original submission, this court reversed the trial court’s judgment based on the application of the Helms3 rale and its corollary. Bradshaw v. State, 974 S.W.2d 286 (Tex.App.—San Antonio 1998), vacated, 21 S.W.3d 300 (Tex.Crim.App.2000). We held, “Because Bradshaw entered his plea based on his understanding that he could appeal the trial court’s ruling on his motion to suppress, a misunderstanding shared by his attorney and the trial court, his plea was not entered voluntarily.” Id. at 287. Accordingly, we reversed the trial court’s judgment and remanded the cause to permit Bradshaw to replead. See id.

On June 28, 2000, the Texas Court of Criminal Appeals vacated our judgment and remanded the cause for reconsideration in light of the Court’s opinion in Young v. State, 8 S.W.3d 656 (Tex.Crim.App.2000), noting that the Court had reexamined the Helms rule in Young. The parties were given an opportunity to re-brief. Both parties elected to proceed based on the briefs originally filed.

Application of Young v. State

In Young v. State, the Court of Criminal appeals reconsidered the “Helms Rule” which provided that, ‘Where a plea of guilty is voluntarily and understandingly made, all non-jurisdictional defects including claimed deprivation of federal due process are waived.” 8 S.W.3d at 656 (quoting Helms v. State, 484 S.W.2d 925, 927 (Tex.Crim.App.1972)). After discussing the historical development of the Helms rule, the Court asserted:

The Helms Rule, therefore imposes on a guilty plea the procedural consequence that was established in a line of federal cases from which it is descended — a knowing and voluntary plea of guilty waives claims of errors that preceded the plea. But it omits the rationale of the federal decisions, which is that a valid plea of guilty has this consequence because it is independent of such errors, and is sufficient to support the judgment of conviction. When the Helms Rule is applied to foreclose appellate review of a judgment that was not independent of an antecedent error, or a judgment that was based in part on inadmissible evidence to which proper objection was made, the consequence is not justified by the rationale of the rule. To be justified by its premises and consistent with its precedents, a rule of waiver would be imposed on pleas of guilty (or nolo contendere) only to the extent that the resulting judgment of conviction was independent of the error being raised on appeal.

Young, 8 S.W.3d at 661-62 (citations omitted). The Court concluded that the Helms Rule would no longer be enforced in the terms in which it was stated in 1972, stating:

Whether entered with or without an agreed recommendation of punishment by the State, a valid plea of guilty or nolo contendere “waives” or forfeits the right to appeal a claim of error only when the judgment of guilt was ren[659]*659dered independent of, and is not supported by, the error.

Id. at 666-667. In the instant case, Bradshaw’s judgment of guilt “is not independent of the trial court’s ruling on his motion to suppress the evidence of the offense, and the judgment would not be supported without that evidence.” Id. Therefore, we have jurisdiction to address the merits of Bradshaw’s challenge to the trial court’s ruling on the motion to suppress.

Motion to SuppRess

In his motion to suppress, Bradshaw contended that his property was searched without a valid warrant. Bradshaw claimed, “Any warrant allegedly secured was done so without a substantial factual basis alleged in a supporting affidavit upon which a neutral and detached magistrate could make an impartial decision that probable cause did exist for the issuance of said warrant.” The motion further provided that the evidence should be suppressed for the following reasons:

(A) Any arrest and/or detention of Defendant was without probable cause and any search resulting therefrom is therefore per se illegal.
(B) Any search conducted of Defendant’s property or person was without a valid warrant and is therefore per se illegal, there being no exception to the necessity for obtaining a valid warrant.
(C) Any search conducted of Defendant’s property, person, or vehicle was made without probable cause is therefore per se illegal.
(D) Any search conducted of Defendant’s property, person, or vehicle was made without his consent. Any consent which is or may be alleged to have been given was not freely and voluntarily given, the same having been given under duress and coercion, or induced by fraud, from State agents, and is therefore per se illegal.
(E)Any search warrant that was procured was done so without a valid affidavit in support thereof and is therefore invalid.

At the hearing on the motion, Bradshaw’s attorney summarized the issue presented to the trial court as an objection to the probable cause for the issuance of the warrant to search the residence. At the conclusion of the hearing, the trial court denied the motion. The trial court entered findings of fact and conclusions of law, stating, “That said search warrant was secured upon facts alleged in a supporting affidavit. That said supporting affidavit was presented to a neutral and detached magistrate who made an impartial decision that probable cause did exist for the issuance of said warrant.”

The State initially contends that Bradshaw failed to preserve the complaints made in his third, fourth, and fifth points of error. We agree that Bradshaw failed to preserve his third and fifth points of error. At the commencement of the hearing, Bradshaw’s attorney advised the court that the objection being raised in the motion was to the probable cause for the issuance of the warrant to search Robuck’s residence. Bradshaw never asserted that the affidavit contained perjured statements or that the warrant to search the residence was an anticipatory search. Because Bradshaw failed to assert these complaints at the suppression hearing for the trial court’s consideration, the complaints are not preserved for this court’s review. See, e.g., Davis v. State, 22 S.W.3d 8, 11 (Tex.App.—Houston [14th Dist.] 2000, no pet.); Taylor v. State, 20 S.W.3d 51

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Bradshaw v. State
40 S.W.3d 655 (Court of Appeals of Texas, 2001)

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Bluebook (online)
40 S.W.3d 655, 2001 Tex. App. LEXIS 963, 2001 WL 120054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-state-texapp-2001.