Opinion

Vicente Hernandez v. State of Texas

Court
Texas Court of Appeals, 11th District (Eastland)
Filed
Dec 17, 2009
Status
Published
Cited by
0 cases
Authority
More cited than 37.5%

The opinion

Opinion filed December 17, 2009

Opinion filed December 17,

2009

In The

Eleventh

Court of Appeals

____________

No. 11-08-00136-CR

__________

VICENTE

HERNANDEZ, Appellant

V.

STATE

OF TEXAS, Appellee

On

Appeal from the County Court at Law No. 2

Ector

County, Texas

Trial

Court Cause No. 07-1984

M E M O R A

N D U M O P I N I O N

After

the trial court denied his written pretrial motion to suppress, appellant,

Vicente Hernandez, entered a plea of guilty to the offense of driving while

license suspended. The trial court assessed his sentence at confinement in the

Ector County Jail for a term of three days and a fine of $500. We affirm.

Background

Facts

During

the early morning hours of April 25, 2007, Officer James Matthew Davidson of

the Odessa Police Department was assigned to patrol the A north sector @

of Odessa. While patrolling in the vicinity of the Sherwood Medical Center,

Officer Davidson observed a vehicle occupied by appellant parked behind the

building with its lights turned off. Officer Davidson made a U-turn in order

to go back to the vehicle to check on it. While Officer Davidson made the

U-turn, the vehicle left from its parked position behind the building. Officer

Davidson began following the vehicle. He subsequently stopped the vehicle.

Officer

Davidson advised appellant that he pulled him over because he was A a suspicious person at a

suspicious place. @ In

this regard, Officer Davidson described the area around the center as a problem

area because of graffiti, burglary, and criminal mischief. He testified that

the area is frequently patrolled by police officers because of its history of

problems. Officer Davidson stated that there are never any cars parked behind

the center at that time of night. Officer Davidson additionally testified that

he became more suspicious when appellant left from his parked position when the

officer drove by him in a marked patrol unit. On cross-examination, Officer

Davidson denied observing appellant committing any traffic violations.

Standard

of Review

A

trial court = s denial

of a motion to suppress is reviewed for an abuse of discretion. Balentine

v. State , 71 S.W.3d 763, 768 (Tex. Crim. App. 2002). We use a bifurcated

standard of review in analyzing the trial court = s

ruling. Amador v. State , 221 S.W.3d 666, 673 (Tex. Crim. App. 2007).

When a trial court = s

fact findings are based on an evaluation of witness credibility or demeanor,

almost total deference is given to its factual determinations that are

supported by the record. St. George v. State , 237 S.W.3d 720, 725 (Tex.

Crim. App. 2007). However, on mixed questions of law and fact that do not turn

on the trial court = s

evaluation of witness credibility and demeanor, we conduct a de novo review. Amador ,

221 S.W.3d at 673 . When, as here, no findings of fact were requested or filed,

we review the evidence in the light most favorable to the trial court = s ruling and assume that

the trial court made implicit findings of fact supported by the record. See

State v. Ross , 32 S.W.3d 853 , 855‑56 (Tex. Crim. App. 2000).

Analysis

In

a single issue, appellant argues that the trial court erred in denying his

motion to suppress because the evidence of his guilt was obtained A as the result of an illegal

arrest. @ We note at

the outset that appellant is asserting that his arrest was illegal because

Officer Davidson did not have a sufficient basis for initiating the traffic

stop that led to his arrest. Accordingly, we direct our analysis to reviewing

Officer Davidson = s

basis for stopping appellant = s

vehicle.

Under

Terry v. Ohio , 392 U.S. 1 (1968), the police can stop and briefly detain

a person for investigative purposes if they have a reasonable suspicion

supported by articulable facts that criminal activity may be afoot. United

States v. Sokolow , 490 U.S. 1, 7 (1989) (citing Terry , 392 U.S. at

30 ). Reasonable suspicion exists when, based on the totality of the

circumstances, the officer has specific, articulable facts that, when combined

with rational inferences from those facts, would lead him to reasonably

conclude that a particular person is, has been, or soon will be engaged in

criminal activity. Ford v. State , 158 S.W.3d 488 , 492‑93 (Tex.

Crim. App. 2005). This is an objective standard that disregards any subjective

intent of the officer making the stop and looks solely to whether an objective

basis for the stop exists. Id . at 492. Because reasonable suspicion is

an objective determination, the officer = s

motives for conducting the stop are irrelevant to the validity of the stop. Garcia

v. State , 43 S.W.3d 527, 530 (Tex. Crim. App. 2001). Whether the totality

of the circumstances is sufficient to support an officer = s reasonable suspicion is a legal question

that we review de novo. See Madden v. State , 242 S.W.3d 504, 517 (Tex.

Crim. App. 2007).

We

begin our analysis by noting that there are Texas cases that have analyzed

similar facts with differing results to determine if a police officer had

sufficient grounds for initiating a traffic stop. For example, in Tanner v.

State , 228 S.W.3d 852 (Tex. App. C Austin

2007, no pet.), the court of appeals affirmed the trial court = s determination that an

officer had reasonable suspicion for initiating a traffic stop of an individual

walking away from the darkened area behind a business that had already closed

for the night. In Klare v. State , 76 S.W.3d 68 (Tex. App. C Houston [14th Dist.] 2002,

pet. ref = d), the court

of appeals reversed the trial court = s

denial of a motion to suppress the results of a traffic stop initiated after an

officer observed a vehicle parked behind a strip shopping center at 2:30 a.m.

Given

the holding in Klare and its similarity to the facts in this appeal, we

focus our attention on its analysis. The officer in Klare testified

that he initiated the stop based upon the time of day that he made the

observation, the proximity of the parked vehicle to a closed business, and a

history of burglaries in the area. Id . at 73-75. The court determined

that each of these factors, taken individually, will not justify an

investigative stop. Id . In this regard, the court stated as follows:

A lawful stop must

be based on more than a vehicle = s

suspicious location or time of day. Although relevant to our analysis, both

time of day and the level of criminal activity in the area are facts which

focus on the suspect = s

surroundings rather than on the suspect himself. Consequently, courts

generally require an additional fact or facts particular to the suspect = s behavior to justify a

suspicion of criminal activity.

Id . at 75.

For

the reasons stated in the dissenting opinion in Klare and the majority

opinion in Tanner , we disagree with the result reached in Klare .

Tanner , 228 S.W.3d 857 -59; Klare , 76 S.W.3d at 77-78 . We should

not focus on each factor observed by the officer on an isolated, piecemeal

basis. Instead, we are required to review the totality of the circumstances to

assess the reasonable suspicion for an investigative stop. In this regard,

Officer Davidson observed appellant = s

vehicle parked with its lights out in a high-crime area near a business that

had been closed for several hours. When viewed together, these factors are A unusual and highly

consistent with criminal behavior. @

Tanner , 228 S.W.3d at 858 . Furthermore, Officer Davidson possessed the

additional fact that the vehicle drove away from its parked position when he

drove past it. We conclude that the trial court did not err in determining

that Officer Davidson = s

stop of appellant = s

vehicle was supported by reasonable suspicion. Appellant = s sole issue is overruled.

This Court = s Ruling

The judgment of the trial court is affirmed.

TERRY McCALL

JUSTICE

December 17, 2009

Do not publish. See Tex.

R. App. P. 47.2(b).

Panel consists

of: Wright, C.J.,

McCall, J.,

and Strange, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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