Vafaiyan v. State

279 S.W.3d 374, 2008 Tex. App. LEXIS 9501, 2008 WL 5265203
CourtCourt of Appeals of Texas
DecidedDecember 18, 2008
Docket2-06-144-CR
StatusPublished
Cited by56 cases

This text of 279 S.W.3d 374 (Vafaiyan v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vafaiyan v. State, 279 S.W.3d 374, 2008 Tex. App. LEXIS 9501, 2008 WL 5265203 (Tex. Ct. App. 2008).

Opinion

OPINION

ANNE GARDNER, Justice.

I. Introduction

Reza Vafaiyan appeals his conviction and life sentence for money laundering. In his five points, Vafaiyan argues that the trial court erred by failing to grant his motion to suppress, that the nonaccomplice testimony insufficiently corroborated the accomplice witness testimony, and that the trial court erred by omitting three witnesses from the accomplice witness jury instruction. Vafaiyan also argues that the evidence was legally and factually insufficient to support his conviction. We affirm.

II. Background and Procedural Facts

From 2002 to 2004, police investigated Vafaiyan extensively for his multiple purchases of pseudoephedrine products from various grocery and drug stores. Vafaiyan was suspected of “smurfing,” that is, frequently purchasing small quantities of pseudoephedrine-containing products from a large number of stores to amass an illegal amount of the product. Police suspected that Vafaiyan would then sell the pseudoephedrine products and other methamphetamine precursors to customers via clandestine transactions through his store, Krystal Mart.

During a surveillance of potential smurf-ing in the area, several police officers detained Vafaiyan during a traffic stop on March 22, 2004, and an officer discovered a paper bag in plain view with pseudoephed-rine-eontaining products inside. The officers arrested Vafaiyan during this stop. On April 23, 2004, police obtained but did not execute a warrant for Vafaiyan’s arrest based on an earlier incident regarding his possession of methamphetamine. From April 25 to April 27, police tailed Vafaiyan from Wichita Falls to Shreveport and then back and observed him make several stops at retail stores. On April 27, police arrested Vafaiyan as he returned home from the trip. A search of Vafaiyan’s vehicle resulted in discovery of six cases of starter fluid, twelve cases of pseudoephedrine products, five eight-packs of lithium batteries, and $2,100. Police executed more search warrants for his house, store, bank accounts, computers, and deposit account in Atlanta. The grand jury initially indicted Vafaiyan for possession of certain chemicals with intent to manufacture methamphetamine but later re-indicted him for money laundering.

During the trial, police officers, undercover officers, employees, customers, and convicted methamphetamine cooks testified against Vafaiyan. The jury returned a verdict of guilty and a sentence of life imprisonment, and the trial court rendered judgment accordingly. Vafaiyan appeals this judgment.

III.The Motion to Suppress

In his first point, Vafaiyan claims the trial court erred by denying to grant his *379 motion to suppress. He argues that the evidence in question was illegally obtained as a result of warrantless searches and searches pursuant to warrants issued without probable cause. We will first consider the two arrests in question, and then we will examine the seven warrants.

Standard of Review

We review a trial court’s ruling on a motion to suppress evidence under a bifurcated standard of review. Amador v. State, 221 S.W.3d 666, 673 (Tex.Crim.App.2007); Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997). In reviewing the trial court’s decision, we do not engage in our own factual review. Romero v. State, 800 S.W.2d 539, 543 (Tex.Crim.App.1990); Best v. State, 118 S.W.3d 857, 861 (Tex.App.-Fort Worth 2003, no pet.). The trial judge is the sole trier of fact and judge of the credibility of the witnesses and the weight to be given their testimony. Wiede v. State, 214 S.W.3d 17, 24-25 (Tex.Crim.App.2007); State v. Ross, 32 S.W.3d 853, 855 (Tex.Crim.App.2000), modified on other grounds by State v. Cullen, 195 S.W.3d 696 (Tex.Crim.App.2006). Therefore, we give almost total deference to the trial court’s rulings on (1) questions of historical fact, even if the trial court’s determination of those facts was not based on an evaluation of credibility and demeanor, and (2) application-of-law-to-fact questions that turn on an evaluation of credibility and demeanor. Amador, 221 S.W.3d at 673; Montanez v. State, 195 S.W.3d 101, 108-09 (Tex.Crim.App.2006); Johnson v. State, 68 S.W.3d 644, 652-53 (Tex.Crim.App.2002). But when application-of-law-to-fact questions do not turn on the credibility and demeanor of the witnesses, we review the trial court’s rulings on those questions de novo. Amador, 221 S.W.3d at 673; Estrada v. State, 154 S.W.3d 604, 607 (Tex.Crim.App.2005); Johnson, 68 S.W.3d at 652-53. Stated another way, when reviewing the trial court’s ruling on a motion to suppress, we must view the evidence in the light most favorable to the trial court’s ruling. Wiede, 214 S.W.3d at 24; State v. Kelly, 204 S.W.3d 808, 818 (Tex.Crim.App.2006).

When the record is silent on the reasons for the trial court’s ruling, or when there are no explicit fact findings and neither party timely requested findings and conclusions from the trial court, we imply the necessary fact findings that would support the trial court’s ruling if the evidence, viewed in the light most favorable to the trial court’s ruling, supports those findings. Kelly, 204 S.W.3d at 818; see Amador, 221 S.W.3d at 673; Wiede, 214 S.W.3d at 25. We then review the trial court’s legal ruling de novo unless the implied fact findings supported by the record are also dispositive of the legal ruling. Kelly, 204 S.W.3d at 819.

We must uphold the trial court’s ruling if it is supported by the record and correct under any theory of law applicable to the case even if the trial court gave the wrong reason for its ruling. State v. Stevens, 235 S.W.3d 736, 740 (Tex.Crim.App.2007); Armendañz v. State, 123 S.W.3d 401, 404 (Tex.Crim.App.2003), cert. denied, 541 U.S. 974, 124 S.Ct. 1883, 158 L.Ed.2d 469 (2004).

Traffic Stop on March 22, 2004

Officer Spragins testified that he and his colleagues spent the morning of March 22 conducting surveillance on persons obtaining methamphetamine precursor chemicals, such as pseudoephedrine products. The officers were notified by a Walgreens manager about a suspicious precursor purchase by Vafaiyan, and they proceeded to follow him to an Albertsons and to another Walgreens. Officer Spragins testified that he and the other officers observed Vafai-yan driving erratically, signaling one di *380 rection and then turning the vehicle the other direction.

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Bluebook (online)
279 S.W.3d 374, 2008 Tex. App. LEXIS 9501, 2008 WL 5265203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vafaiyan-v-state-texapp-2008.