Shaw, Angela Leigh v. State

• Court: Court of Appeals of Texas
• Decided: July 12, 2013
• Docket: 05-12-00347-CR
• Status: Published

Opinion

AFFIRM; and Opinion Filed July 12, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-12-00347-CR

ANGELA LEIGH SHAW, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 4 Collin County, Texas Trial Court Cause No. 005-82723-2011

MEMORANDUM OPINION Before Justices Moseley, O'Neill, and Lewis Opinion by Justice O'Neill Appellant Angela Leigh Shaw appeals her conviction for driving while intoxicated

(DWI). After a jury found appellant guilty of DWI, the trial court assessed punishment at 120

days’ confinement, probated for fifteen months, and an $800 fine. In a single point of error,

appellant contends the trial court erred in denying her “motion for directed verdict at the

conclusion of the State’s case-in-chief.” For the following reasons, we affirm the trial court’s

judgment.

Appellant was arrested for DWI following a traffic stop. On appeal, appellant purports to

challenge the legal sufficiency of the evidence to support her conviction under Jackson v.

Virginia, 443 U.S. 307 (1979), but she argues only that the State failed to prove beyond a

reasonable doubt that reasonable suspicion existed for the traffic stop. In determining

sufficiency of the evidence, we determine whether the State proved the essential elements of the offense beyond a reasonable doubt. See Matlock v. State, 392 S.W.3d 662, 667 (Tex. Crim. App.

2013). Whether reasonable suspicion exists is not an element of DWI. Rather, it is relevant to

determining admissibility of evidence that is alleged to have been illegally obtained. See TEX.

PENAL CODE ANN. § 49.04 (West 2003) (elements of DWI); see Murphy v. State, 239 S.W.3d

791, 795-96 (Tex. Crim. App. 2007). Appellant does not however complain any evidence was

improperly admitted. Because appellant’s complaint regarding reasonable suspicion does not

implicate legal sufficiency of the evidence, we resolve the sole issue against her. We affirm the

trial court’s judgment.

/Michael J. O'Neill/ MICHAEL J. O'NEILL JUSTICE

Do Not Publish TEX. R. APP. P. 47

120347F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ANGELA LEIGH SHAW, Appellant On Appeal from the County Court at Law No. 4, Collin County, Texas No. 05-12-00347-CR V. Trial Court Cause No. 005-82723-2011. Opinion delivered by Justice O'Neill. THE STATE OF TEXAS, Appellee Justices Moseley and Lewis participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered this 12th day of July, 2013.

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