State of Texas v. Woodard, David Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0828-10

THE STATE OF TEXAS

v.

DAVID WAYNE WOODARD, Appellee

ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS WICHITA COUNTY

K ELLER, P.J., filed a dissenting opinion in which M EYERS, J., joined.

Article 14.01(b) allows an officer to conduct a warrantless arrest “for any offense committed

in his presence or within his view.”1 In this case, the evidence is undisputed that the arrest was

without a warrant and that a DWI was not committed in the presence or view of any police officer,

since appellant was first spotted walking six to eight blocks from the accident. I therefore disagree

1 TEX . CODE CRIM . PROC. art. 14.01(b). WOODARD DISSENT - 2

with the Court’s holding that Article 14.01(b) was not violated.2

I respectfully dissent.

Filed: April 6, 2011 Publish

2 Court’s op. at 16.