Nolberta Louise Vargas v. State

• Court: Court of Appeals of Texas
• Decided: July 3, 2019
• Docket: 02-18-00432-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-18-00432-CR ___________________________

NOLBERTA LOUISE VARGAS, Appellant

V.

THE STATE OF TEXAS

On Appeal from County Criminal Court No. 6 Tarrant County, Texas Trial Court No. 1453917

Before Sudderth, C.J.; Bassel and Womack, JJ. Memorandum Opinion by Justice Bassel MEMORANDUM OPINION

Appellant Nolberta Louise Vargas appeals her conviction for Class B

misdemeanor driving while intoxicated, enhanced by one prior felony, for which she

was sentenced to 100 days in Tarrant County Jail. In a single issue, Vargas argues that

the trial court erred by denying her pretrial motion to suppress evidence of an

electronic scale discovered during a search of her purse. The State responds that the

correctness of the trial court’s pretrial ruling denying Vargas’s motion to suppress was

rendered moot when later, during the trial, the trial court sustained her hearsay

objection to the testimony relating to the scale. We agree with the State that the

record does not reflect that any testimony related to the scale was offered or admitted

at trial. We therefore overrule Vargas’s sole issue as moot and affirm the trial court’s

judgment. See Long v. State, 525 S.W.3d 351, 368 (Tex. App.—Houston [14th Dist.]

2017, pet. ref’d) (holding that appellant’s argument challenging the trial court’s denial

of his motion to suppress evidence obtained during the search of his residence was

moot because none of the items seized was offered or admitted at trial).

/s/ Dabney Bassel

Dabney Bassel Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: July 3, 2019