OPINION
SAM BASS, Justice.
A jury convicted Manharlal B. Sedani of carrying a handgun, then assessed punishment of 180 days, probated, and a fine of $500. In three points of error, Sedani asserts the trial court erred in overruling his motion to suppress. We sustain his first two points of error, and reverse and remand the judgment.
On January 12, 1991, at about 1:20 a.m., Officer Treat was on patrol in the Mont-rose area. He observed Sedani make a right turn without a signal. A few blocks later, he observed Sedani drive in two lanes of traffic. Officer Treat stopped Sedani for these offenses. After asking for his license and proof of insurance, Officer Treat noticed Sedani’s eyes were red and “real glassy.” He asked Sedani to step out and administered a horizontal gaze sobriety test. Officer Treat determined Sedani was not intoxicated. He then wrote two citations for the traffic violations he observed and explained them to Sedani.
Sedani accused Officer Treat of lying and picking on him, and denied committing the violations. He asked Officer Treat what would happen if he didn’t sign the citations. Officer Treat advised him that he would be booked and jailed. Sedani “yanked” Officer Treat’s clipboard out of his hands and proceeded to sign the citations. He repeatedly told Officer Treat that this was a day the officer would remember and regret in court. Officer Treat gave Sedani his copies of the citations. Se-dani “immediately took it and ripped it up into shreds before, before my very eyes and continues his threats of how I’m gonna regret this.”
Officer Treat then opened the car door and asked Sedani to step out. He handcuffed Sedani and put him in the back seat of his patrol car. Pursuant to department policy, Officer Treat called his supervisor for authority to arrest Sedani on a class C misdemeanor. Sergeant Crawford arrived at the scene and approved the arrest.
Officer Treat called a wrecker and completed an inventory search of the cabin. He found a white bank bag under the driver’s seat with a .38 revolver loaded with six live rounds, some checks, and assorted papers.
We first address Sedani’s third point of error attacking the sufficiency of the evidence to support his conviction “where the evidence was insufficient to [sic] a rational trier of fact to have concluded that Officer [316]*316Treat has probable cause to believe the appellant would not appear in court as required.” Sedani argues that Officer Treat needed probable cause to re-arrest him after he tore up his citation. Since the evidence does not support a finding of probable cause, he argues, the arrest was illegal, and the jury should have ignored the gun and acquitted him. The State counters the charge required only a “reasonable belief that appellant would not appear in court” and the evidence was sufficient to support the charge.
When reviewing sufficiency of the evidence on appeal, a reviewing court must view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). The sufficiency of the evidence must be considered from the charge given. Nickerson v. State, 782 S.W.2d 887, 891 (Tex.Crim.App.1990). If the evidence does not conform to the instructions given, it is insufficient as a matter of law. Id.
Sedani contends Officer Treat needed probable cause to believe the appellant would not appear in court. He cites the following portion of the charge as the measuring stick for sufficiency of the evidence:
Therefore, if you believe that HPD Officer R.G. Treat had a reasonable suspicion to connect the Defendant with activity related to crime or that the Defendant had commited [sic] an offense and if you believe that HPD Officer R.G. Treat had a reasonable belief that the alleged conduct of the Defendant, if any, in tearing up the traffic citation, if at all, issued by HPD Officer R.G. Treat, if at all, and the Defendant stating, if he did, I’ll see you in Court, and that said conduct, if at all, warranted Officer R.G. Treat to believe that the Defendant would not appear in court for the traffic citations for which Defendant had been stopped, if at all, then you shall consider the evidence obtained by the officer as a result of the stop and seizure of the Defendant.
If you do not so find beyond a reasonable doubt, or if you have a reasonable doubt as to such matters, you will disregard such evidence derived from said seizure and not consider it as any evidence whatsoever and say be your verdict not guilty.
Thus, Sedani admits the evidence must support a “reasonable belief.” Viewing the evidence in a light most favorable to the verdict, a rational factfinder could have concluded that Sedani’s act of tearing up the notice gave Officer Treat reasonable belief that Sedani would not appear in court. That is all the charge required the State to prove on that subject. See Boozer v. State, 717 S.W.2d 608, 610-11 (Tex.Crim.App.1984) (sufficiency of the evidence is measured by the charge that was given). Therefore, the evidence was sufficient to support Sedani’s conviction.
Point of error three is overruled.
In points of error one and two, Sedani asserts the trial court erred in overruling his motion to suppress the evidence of his handgun, which was required to support his conviction of carrying a handgun. In point of error one, Sedani asserts reversible error because “[a] peace officer must release a motorist arrested for a traffic offense after he secures a written promise to appear in court.” In point of error two, he asserts Officer Treat did not have “probable cause to believe appellant would not appear in court.” Sedani does not challenge the legality of the initial arrest for traffic violations.
In summary, Sedani argues that he was illegally arrested because Officer Treat did not have the authority to arrest him after he signed the citations. Since Officer Treat did not have authority to arrest him, Officer Treat did not have the authority to conduct an inventory search of his car, incident to the arrest. Without the inventory search, Officer Treat would not have found the handgun, and Sedani would not have been convicted of carrying a handgun.
The State counters Officer Treat had statutory authority to arrest Sedani for traffic violations under Tex.Rev.Civ.Stat. Ann. art. 6701d, § 148(a) (Vernon Supp. [317]*3171993) & § 153 (Vernon 1977), and that until he released Sedani, Officer Treat had the option to arrest him instead of issuing citations. Officer Treat testified that he had not released Sedani from custody because he had not yet reviewed with him the time and place for his court appearance according to departmental policy. The State argues that the arrest was legal because Sedani negated his promise to appear by tearing up his copies of the citations and Officer Treat then had reason to believe Sedani would not appear in court. The State does not contend Sedani committed another violation after the copies of the citations were delivered. See Evers v. State,
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OPINION
SAM BASS, Justice.
A jury convicted Manharlal B. Sedani of carrying a handgun, then assessed punishment of 180 days, probated, and a fine of $500. In three points of error, Sedani asserts the trial court erred in overruling his motion to suppress. We sustain his first two points of error, and reverse and remand the judgment.
On January 12, 1991, at about 1:20 a.m., Officer Treat was on patrol in the Mont-rose area. He observed Sedani make a right turn without a signal. A few blocks later, he observed Sedani drive in two lanes of traffic. Officer Treat stopped Sedani for these offenses. After asking for his license and proof of insurance, Officer Treat noticed Sedani’s eyes were red and “real glassy.” He asked Sedani to step out and administered a horizontal gaze sobriety test. Officer Treat determined Sedani was not intoxicated. He then wrote two citations for the traffic violations he observed and explained them to Sedani.
Sedani accused Officer Treat of lying and picking on him, and denied committing the violations. He asked Officer Treat what would happen if he didn’t sign the citations. Officer Treat advised him that he would be booked and jailed. Sedani “yanked” Officer Treat’s clipboard out of his hands and proceeded to sign the citations. He repeatedly told Officer Treat that this was a day the officer would remember and regret in court. Officer Treat gave Sedani his copies of the citations. Se-dani “immediately took it and ripped it up into shreds before, before my very eyes and continues his threats of how I’m gonna regret this.”
Officer Treat then opened the car door and asked Sedani to step out. He handcuffed Sedani and put him in the back seat of his patrol car. Pursuant to department policy, Officer Treat called his supervisor for authority to arrest Sedani on a class C misdemeanor. Sergeant Crawford arrived at the scene and approved the arrest.
Officer Treat called a wrecker and completed an inventory search of the cabin. He found a white bank bag under the driver’s seat with a .38 revolver loaded with six live rounds, some checks, and assorted papers.
We first address Sedani’s third point of error attacking the sufficiency of the evidence to support his conviction “where the evidence was insufficient to [sic] a rational trier of fact to have concluded that Officer [316]*316Treat has probable cause to believe the appellant would not appear in court as required.” Sedani argues that Officer Treat needed probable cause to re-arrest him after he tore up his citation. Since the evidence does not support a finding of probable cause, he argues, the arrest was illegal, and the jury should have ignored the gun and acquitted him. The State counters the charge required only a “reasonable belief that appellant would not appear in court” and the evidence was sufficient to support the charge.
When reviewing sufficiency of the evidence on appeal, a reviewing court must view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979). The sufficiency of the evidence must be considered from the charge given. Nickerson v. State, 782 S.W.2d 887, 891 (Tex.Crim.App.1990). If the evidence does not conform to the instructions given, it is insufficient as a matter of law. Id.
Sedani contends Officer Treat needed probable cause to believe the appellant would not appear in court. He cites the following portion of the charge as the measuring stick for sufficiency of the evidence:
Therefore, if you believe that HPD Officer R.G. Treat had a reasonable suspicion to connect the Defendant with activity related to crime or that the Defendant had commited [sic] an offense and if you believe that HPD Officer R.G. Treat had a reasonable belief that the alleged conduct of the Defendant, if any, in tearing up the traffic citation, if at all, issued by HPD Officer R.G. Treat, if at all, and the Defendant stating, if he did, I’ll see you in Court, and that said conduct, if at all, warranted Officer R.G. Treat to believe that the Defendant would not appear in court for the traffic citations for which Defendant had been stopped, if at all, then you shall consider the evidence obtained by the officer as a result of the stop and seizure of the Defendant.
If you do not so find beyond a reasonable doubt, or if you have a reasonable doubt as to such matters, you will disregard such evidence derived from said seizure and not consider it as any evidence whatsoever and say be your verdict not guilty.
Thus, Sedani admits the evidence must support a “reasonable belief.” Viewing the evidence in a light most favorable to the verdict, a rational factfinder could have concluded that Sedani’s act of tearing up the notice gave Officer Treat reasonable belief that Sedani would not appear in court. That is all the charge required the State to prove on that subject. See Boozer v. State, 717 S.W.2d 608, 610-11 (Tex.Crim.App.1984) (sufficiency of the evidence is measured by the charge that was given). Therefore, the evidence was sufficient to support Sedani’s conviction.
Point of error three is overruled.
In points of error one and two, Sedani asserts the trial court erred in overruling his motion to suppress the evidence of his handgun, which was required to support his conviction of carrying a handgun. In point of error one, Sedani asserts reversible error because “[a] peace officer must release a motorist arrested for a traffic offense after he secures a written promise to appear in court.” In point of error two, he asserts Officer Treat did not have “probable cause to believe appellant would not appear in court.” Sedani does not challenge the legality of the initial arrest for traffic violations.
In summary, Sedani argues that he was illegally arrested because Officer Treat did not have the authority to arrest him after he signed the citations. Since Officer Treat did not have authority to arrest him, Officer Treat did not have the authority to conduct an inventory search of his car, incident to the arrest. Without the inventory search, Officer Treat would not have found the handgun, and Sedani would not have been convicted of carrying a handgun.
The State counters Officer Treat had statutory authority to arrest Sedani for traffic violations under Tex.Rev.Civ.Stat. Ann. art. 6701d, § 148(a) (Vernon Supp. [317]*3171993) & § 153 (Vernon 1977), and that until he released Sedani, Officer Treat had the option to arrest him instead of issuing citations. Officer Treat testified that he had not released Sedani from custody because he had not yet reviewed with him the time and place for his court appearance according to departmental policy. The State argues that the arrest was legal because Sedani negated his promise to appear by tearing up his copies of the citations and Officer Treat then had reason to believe Sedani would not appear in court. The State does not contend Sedani committed another violation after the copies of the citations were delivered. See Evers v. State, 576 S.W.2d 46 (Tex.Crim.App. [Panel Op.] 1978) (after a traffic citation was given, an “improper start from a parked position" throwing mud and gravel on the police officer and his car was a traffic violation justifying a second arrest and subsequent inventory search).
The trial court is the sole trier of fact at a hearing on a motion to suppress, and as such, it may choose to believe or disbelieve any or all of the witnesses’ testimony. Taylor v. State, 604 S.W.2d 175, 177 (Tex.Crim.App. [Panel Op.] 1980). Even if the trial court gives the wrong reason for its ruling on a motion to suppress evidence, this Court will uphold the ruling if it is correct on any theory of law applicable to the case. Calloway v. State, 743 S.W.2d 645, 651-52 (Tex.Crim.App.1988).
At the end of the hearing on the motion to suppress, the trial court found that Se-dani negated his promise to appear by tearing up his citation:
I find that Officer Treat wrote a traffic citation to the defendant Manharlal B. Sedani on or about January 12, 1991 for two violations of the traffic rules and regulations of the State of Texas. I find that Officer Treat told the defendant that the defendant would go to jail if the defendant did not sign the ticket; that is a citation; that the defendant did in fact receive the citation and that the defendant signed the citation; that the defendant Sedani received a true copy of the citation; that the defendant tore the citation in half and stated that the officer would regret his conduct. Thereafter Officer Treat arrested the defendant and placed the defendant into custody. Thereafter Officer Treat inventoried the interior of the automobile. Whereupon a seizure was made of a zipped bank bag which contained amongst other things a .38 caliber weapon, pistol which was loaded with papers and checks. And that I find that Officer Treat then charged the defendant Sedani with the additional charge, the misdemeanor offense of intentionally and knowingly carrying [on] or about his person a hand gun.
The Court’s conclusions of law is that I find that had the defendant Sedani not by his own action and conduct ripped up the traffic citation, that any subsequent search based on that fact assuming that fact, then Officer Treat would have no probable cause to invade the interior of the vehicle under the traffic laws pursuant to Section 147 of Article 6701d. However, by the defendant’s actions, in his own conduct and Officer Treat’s reliance on that conduct, that the defendant negated his promise to appear in court; that the officer then had reason to believe that the defendant would not appear in court. And based on the officer’s reason to believe that the defendant would not appear based on the defendant’s conduct thereafter in accordance with Section 147-5 of the traffic regulations of Article 6701d, that he then had the right to place Mr. Sedani, the defendant, into custody and thereafter the inventory of the vehicle was indeed authorized under the laws of the state of Texas in the United States.
(Emphasis added.) Section 147(5) provides that a person arrested for a traffic misdemeanor shall be taken immediately before a magistrate, “In any other event when the person arrested refuses to give his written promise to appear in court as hereinafter provided.” Tex.Rev.Civ.Stat.ANN. art. 6701d, § 147(5) (Vernon 1977).
Here, Sedani tore up his copies of the citation. Officer Treat retained the [318]*318original and other copies reflecting Seda-ni’s written promise to appear. Section 149(a) of the act provides a person is guilty of a misdemeanor if he wilfully violates his promise to appear in court. Tex.Rev.Civ. Stat.Ann. art. 6701d, § 149(a) (Vernon 1977). However, as Sedani points out, the court appearance date must be set 10 days after the arrest. Tex.Rev.Civ.Stat.Ann. art. 6701d, § 148(b) (Vernon 1977). Therefore, he could not possibly have violated his promise to appear on the night of his arrest.
Article 6701d, section 148(d), of the Texas Civil Statutes provides:
The arrested person in order to secure release as provided in this section, must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer. The original of said notice shall be retained by said officer and the copy thereof delivered to the person arrested. Thereupon, said officer shall forthwith release the person arrested, from custody-
Tex.Rev.Civ.Stat.Ann. art. 6701d, § 148(d) (Vernon 1977) (emphasis added).
Thus, whether Sedani was legally detained after the citations were given to him turns on whether the term “shall forthwith release” allows Officer Treat to re-arrest Sedani. The parties do not cite any case on point.
Statutes should be read as a whole and construed to give meaning to every part. Morter v. State, 551 S.W.2d 715, 718 (Tex.Crim.App.1977) (looking to both civil and criminal case law in construing the Penal Code). The issue in determining the meaning of the word “shall” is “what consequences follow a failure to comply.” State v. $435,000, 842 S.W.2d 642, 644 (Tex.1992).
Section 148(a) provides that when a person is arrested for a traffic violation, and is not immediately taken before a magistrate, the officer shall prepare a “written notice to appear.” Tex.Rev.Civ.Stat.Ann. art. 6701d, § 148(a) (Vernon Supp.1993). Section 148(b) specifies the appearance must be set at least 10 days after the arrest. Tex.Rev.Civ.Stat.Ann. art. 6701d, § 148(b) (Vernon 1977). Section 148(d) provides that when a copy of the written notice is delivered to the person arrested, the officer shall forthwith release him. Tex.Rev.Civ. Stat.Ann. art. 6701d, § 148(d) (Vernon 1977). The next section, section 148(e), provides for the penalty when an officer does not adhere to this procedure: “Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.” Tex.Rev.Civ.Stat.Ann. art. 6701d, § 148(e) (Vernon 1977). The following section of the act, section 149(a), provides for the penalty when a person willfully violates his written promise to appear: the person is guilty of a misdemeanor. Tex.Rev.Civ. Stat.Ann. art. 6701d, § 149(a) (Vernon 1977).
Construing section 148(d) in the context of the entire statute, we conclude Sedani was illegally detained after he received his copies of the citation. The fact Sedani tore up his citation and did not have notice of the time and place for his court appearance is of no moment. We hold the statute is mandatory because it penalizes an officer who does not follow its provisions. Since the officer had a mandatory obligation to release Sedani, there was no probable cause to hold him after he signed the promise to appear. Cf. Lewis v. State, 664 S.W.2d 345, 351 n. 4 (Tex.Crim.App.1984) (Clinton, J., dissenting). Because the arrest that led police to the handgun was illegal, the handgun must be suppressed. Tex.Code Crim.P.Ann. art. 38.23(a) (Vernon Supp.1993). Points of error one and two are sustained.
The judgment is reversed, and the cause is remanded.
JONES, J., not participating in the opinion.