Highwarden v. State

Court of Criminal Appeals of Texas

Highwarden v. State

871 S.W.2d 726, 1994 Tex. Crim. App. LEXIS 7, 1994 WL 5686

CourtCourt of Criminal Appeals of Texas

DecidedJanuary 12, 1994

DocketNo. 175-93

StatusPublished

This text of 871 S.W.2d 726 (Highwarden v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Highwarden v. State, 871 S.W.2d 726, 1994 Tex. Crim. App. LEXIS 7, 1994 WL 5686 (Tex. 1994).

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Opinion

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant pled no contest to the misdemeanor offense of driving while intoxicated. Article 6701Í-1, V.A.C.S. This conviction was affirmed by the Houston Court of Appeals [Fourteenth District] in a published opinion. Highwarden v. State, 846 S.W.2d 479 (Tex.App.—Houston [14th Dist.1993]).

We granted discretionary review to determine whether the Court of Appeals erred in holding 1) the trial court did not err in denying appellant’s motion to suppress on the grounds appellant failed to produce sufficient evidence she was arrested without a warrant; 2) this Court’s decision in Heitman v. State, 815 S.W.2d 681 (Tex.Cr.App.1991), has no bearing on matters of procedure in search and seizure claims; 3) the arresting officer’s conclusion, absent proof of his training and experience, that appellant failed unspecified field sobriety tests, provided the trial court with a sufficient basis for concluding probable cause existed for the appellant’s warrantless arrest; and 4) the arresting officer’s conclusion, absent radar calibration, that appellant was speeding provided the trial court with a sufficient basis for concluding reasonable suspicion existed for appellant’s initial detention.

After thoroughly reviewing the record, we find appellant’s petition to be improvidently granted. This decision does not constitute an endorsement or adoption of the reasoning employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App.1983).

Accordingly, appellant’s petition is dismissed.

CLINTON, MILLER and MALONEY, JJ., dissent.

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OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant pled no contest to the misdemeanor offense of driving while intoxicated. Article 6701Í-1, V.A.C.S. This conviction was affirmed by the Houston Court of Appeals [Fourteenth District] in a published opinion. Highwarden v. State, 846 S.W.2d 479 (Tex.App.—Houston [14th Dist.1993]).

We granted discretionary review to determine whether the Court of Appeals erred in holding 1) the trial court did not err in denying appellant’s motion to suppress on the grounds appellant failed to produce sufficient evidence she was arrested without a warrant; 2) this Court’s decision in Heitman v. State, 815 S.W.2d 681 (Tex.Cr.App.1991), has no bearing on matters of procedure in search and seizure claims; 3) the arresting officer’s conclusion, absent proof of his training and experience, that appellant failed unspecified field sobriety tests, provided the trial court with a sufficient basis for concluding probable cause existed for the appellant’s warrantless arrest; and 4) the arresting officer’s conclusion, absent radar calibration, that appellant was speeding provided the trial court with a sufficient basis for concluding reasonable suspicion existed for appellant’s initial detention.

After thoroughly reviewing the record, we find appellant’s petition to be improvidently granted. This decision does not constitute an endorsement or adoption of the reasoning employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App.1983).

Accordingly, appellant’s petition is dismissed.

CLINTON, MILLER and MALONEY, JJ., dissent.

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871 S.W.2d 726, 1994 Tex. Crim. App. LEXIS 7, 1994 WL 5686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/highwarden-v-state-texcrimapp-1994.

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