Hyland, Richard

Court of Criminal Appeals of Texas·Decided June 5, 2019·No. PD-0438-18·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. PD-0438-18

RICHARD HYLAND, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS NUECES COUNTY

Y EARY, J., delivered the opinion of the Court in which K ELLER, P.J., and K EASLER, H ERVEY, R ICHARDSON, K EEL, W ALKER, and S LAUGHTER, JJ., joined. H ERVEY, J., filed a concurring opinion in which R ICHARDSON, W ALKER, and S LAUGHTER, JJ., joined. N EWELL, J., concurred.

OPINION

Appellant, Richard Hyland, while operating his motorcycle on which his wife was a

passenger, was involved in an accident that injured him seriously and killed his wife. An

investigating officer subsequently obtained a search warrant for and then obtained a sample

of Appellant’s blood, which demonstrated that he was intoxicated. Appellant was convicted HYLAND — 2

of the intoxication manslaughter of his wife, but the Thirteenth Court of Appeals reversed

Appellant’s conviction. The court of appeals held that, after the trial court conducted a

Franks1 hearing and excised portions of the officer’s blood-draw search warrant affidavit,

the remaining facts in the affidavit did not support a finding of probable cause that evidence

of driving while intoxicated would be found in Appellant’s blood. Hyland v. State, No. 13-

16-00596-CR, 2018 WL 1633487, at *6 (Tex. App.—Corpus Christi–Edinburg Apr. 5, 2018)

(not designated for publication). Specifically, the court of appeals held that, in light of this

Court’s decision in McClintock I,2 and the Eleventh Court of Appeals’ unpublished decision

in State v. Lollar, the excised affidavit did not “clearly” establish probable cause. Id. (citing

McClintock v. State, 444 S.W.3d 15, 20 (Tex. Crim. App. 2014), and State v. Lollar, No. 11-

10-00158-CR, 2012 WL 3264428 (Tex. App.—Eastland Aug. 9, 2012) (not designated for

publication)).

We granted the State’s petition for discretionary review to determine: (1) whether a

sustained Franks motion and the consequent purging of false statements from a search

warrant affidavit trigger a heightened probable cause standard—namely, that the affidavit

must “clearly” establish probable cause;3 and (2) whether a police officer’s detection of the

1 Franks v. Delaware, 438 U.S. 154 (1978). 2 Our Court has two opinions relating to the same McClintock case: one opinion that was issued in 2014 (444 S.W.3d 15 (Tex. Crim. App. 2014)), and another that was issued in 2017 (541 S.W.3d 63 (Tex. Crim. App. 2017)). In the present opinion, we reference only the first McClintock opinion from our Court, which we will refer to as “McClintock I.” 3 McClintock, 444 S.W.3d at 20. HYLAND — 3

strong smell of alcohol emanating from the driver of a motor vehicle that was involved in a

serious, single-vehicle accident supports a finding of probable cause that evidence of driving

while intoxicated would be found in the driver’s blood. We reverse the holding of the court

of appeals.

I. BACKGROUND

A. The Accident4

Appellant and his wife, Jaime Doherty, left the Frontier Saloon in Corpus Christi

shortly before 10:50 p.m. on May 30, 2014. Appellant drove his motorcycle while Doherty

rode on the back. Shortly after leaving the bar, Appellant lost control of his motorcycle and

careened off the road. When first responders arrived at the scene of the accident they found

Doherty on the side of the road, deceased, and Appellant, who had sustained serious injuries

and was unconscious, nearby.

Corpus Christi Police Officer Raymond Harrison arrived on the scene as Appellant

was being transported to the hospital. Harrison conducted an investigation at the scene,

which included speaking with eyewitnesses who indicated that Appellant was the driver of

the motorcycle. Harrison left the accident scene and drove to the hospital to continue his

4 These facts surrounding the accident came to light during Appellant’s trial and are provided here strictly for background information. Not all of these facts are part of our probable cause analysis, which is confined only to the information contained within the four corners of the search warrant affidavit, as discussed later in this opinion. See Massey v. State, 933 S.W.2d 141, 148 (Tex. Crim. App. 1996) (“[W]e look at the four corners of the affidavit in determining the existence of probable cause to search the identified locations. Statements made during the pretrial hearing do not factor into that determination.”) (citation omitted). HYLAND — 4

investigation into whether Appellant committed an offense. At the hospital, Harrison

detected a strong odor of alcohol emanating from Appellant’s unconscious body. Believing

that Appellant was under the influence of alcohol at the time of the accident and, therefore,

may have committed at least the offense of driving while intoxicated, Harrison completed

a pre-printed search warrant affidavit form that the Corpus Christi Police Department uses

to obtain search warrants for blood or breath in driving while intoxicated investigations.5

After obtaining a search warrant, Harrison directed the on-duty phlebotomist at the hospital

to take a sample of Appellant’s blood, which revealed a blood alcohol concentration level

of 0.19.

B. The Search Warrant Affidavit

The pre-printed affidavit form that Officer Harrison filled out contains introductory

and concluding statements and nine numbered paragraphs, each of which contains brief

statements, and some of which include blank lines for the affiant to use to conform the

affidavit to the specific facts of a given case.6 The introductory statement contains a line on

5 Officer Harrison completed an affidavit for the offense of driving while intoxicated—not intoxication manslaughter. Appellant was ultimately prosecuted for and convicted of the offense of intoxication manslaughter because his wife died in the crash. Nevertheless, driving while intoxicated is a lesser-included offense of intoxication manslaughter. Compare T EX. P ENAL C ODE § 49.08(a) (“A person commits an offense if the person: (1) operates a motor vehicle in a public place . . . ; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”), with T EX. P ENAL C ODE § 49.04(a) (“A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.”). 6 Nowhere on the form is there any way for the affiant to indicate that certain paragraphs do not apply in a particular case, short of striking out such a paragraph entirely, which Officer Harrison did not do. HYLAND — 5

which the affiant, Harrison, listed his name and badge number, and identified himself as a

peace officer with the Corpus Christi Police Department. It also contains another line on

which Harrison indicated he has been a certified police officer for nine years.

The first numbered paragraph (Paragraph 1) contains lines on which an affiant may

provide identifying information about the suspect. On that line, Officer Harrison identified

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Related

Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
Massachusetts v. Upton
466 U.S. 727 (Supreme Court, 1984)
Pesina v. State
676 S.W.2d 122 (Court of Criminal Appeals of Texas, 1984)
Brown v. State
605 S.W.2d 572 (Court of Criminal Appeals of Texas, 1980)
Massey v. State
933 S.W.2d 141 (Court of Criminal Appeals of Texas, 1996)
Washington v. State
660 S.W.2d 533 (Court of Criminal Appeals of Texas, 1983)
State v. McLain
337 S.W.3d 268 (Court of Criminal Appeals of Texas, 2011)
Castillo v. State
818 S.W.2d 803 (Court of Criminal Appeals of Texas, 1991)
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389 S.W.3d 349 (Court of Criminal Appeals of Texas, 2012)
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