Gabriel Garcia v. State

• Court: Court of Appeals of Texas
• Decided: October 25, 2000
• Docket: 04-99-00916-CR
• Status: Published

Opinion

Nos. 04-99-00915-CR & 04-99-00916-CR

Gabriel GARCIA,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law, Guadalupe County, Texas

Trial Court No. CCL-99-466 & CCL-99-467

Honorable Linda Z. Jones, Judge Presiding

Opinion by: Paul W. Green, Justice

Sitting: Phil Hardberger, Chief Justice

Alma L. López, Justice

Paul W. Green, Justice

Delivered and Filed: October 25, 2000

AFFIRMED

Gabriel Garcia pled guilty and was convicted on charges of possession of marijuana and unlawfully carrying a weapon. He appeals the convictions on the ground that the trial court abused its discretion when it overruled his motion to suppress evidence. We find no abuse of discretion and affirm the convictions.

Garcia was driving his pickup truck at night within the city limits of Seguin, Texas, when he encountered a police roadblock. Before reaching the roadblock, he slowed and drove his truck onto the shoulder of the road and began to make a U-turn. However, when he was signaled by Officer Seth Burgoon to proceed forward, he abandoned his turn and complied with the officer's instructions. When Officer Burgoon approached the truck, Garcia opened his driver's side window and Burgoon immediately smelled the odor of marijuana. Burgoon told Garcia he smelled marijuana and asked if he could search the truck. Garcia consented to the search, and volunteered that there was a "joint" and a bayonet in the vehicle. Burgoon's search did indeed uncover a marijuana cigarette and a 15-inch bayonet.

Garcia claims the search was illegal, making the evidence inadmissible, because the roadblock was illegal and there were no articulable facts to support a stop independent of the roadblock. We disagree. The facts justify Garcia's detention regardless of whether the roadblock was illegal.

Officer Burgoon testified he believed Garcia was trying to avoid the roadblock when he slowed his truck and began to turn away. This is reasonably suspicious activity that permitted the officer to detain Garcia. See Johnson v. State, 833 S.W.2d 320, 321 (Tex. App.-Fort Worth 1992, pet. ref'd) (holding that even if roadblock is illegal, officers may use evidence concerning a motorist's reaction to the roadblock to justify a detention). Once Garcia was legally detained, the search of the vehicle pursuant to Garcia's consent was also legal.

The convictions are affirmed.

Paul W. Green

Justice

DO NOT PUBLISH