# Williams v. State

> Texas Court of Appeals, 1st District (Houston) · November 21, 1996 · 937 S.W.2d 23

URL: https://www.frixlaw.com/law-library/cases/9676209

## Case

- **Full name:** Reginald Keith WILLIAMS, Appellant, v. the STATE of Texas, Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** November 21, 1996
- **Citations:** 937 S.W.2d 23; 1996 Tex. App. LEXIS 5219; 1996 WL 673968
- **Precedential status:** Published
- **Opinion:** Concurrence by Mirabal
- **Judges:** Hutson-Dunn, O'Connor, Andell, Taft, Schneider, Cohen, Mirabal, Hedges, Wilson
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9676209

## Opinion text

MIRABAL, Justice,
concurring.
I concur with Justice Hutson-Dunn’s opinion. I write separately because, in my opinion, there is no need to “consider a new theory on appeal” in this case. The theory advanced by the State in the trial court was a perfectly valid one.
The State argued in the trial court, and presented evidence showing, that probable cause and exigent circumstances existed warranting the forcible entry into appellant’s apartment without a warrant. This case is controlled by McNairy v. State, 835 S.W.2d 101, 107 (Tex.Crim.App.1991), and Covarru- *30 bia v. State, 902 S.W.2d 549, 554 (Tex.App.—Houston [1st Dist.] 1995, pet.ref'd).
As in McNairy and Covarrubia, the trial court in the present case could have reasonably concluded from the evidence that the police officers reasonably believed that appellant and his wife were able to dispose of the cocaine. Officer Redman testified cocaine was water soluble and easily disposed of, and he was concerned about appellant’s cautious attitude. Appellant boasted that he had been in the business of selling drugs for a long time without being caught. This indicated that appellant would try to destroy the cocaine. Appellant and his wife knew the police were outside, and the cocaine actually could have been destroyed or removed in a matter of minutes. The police heard a shot fired from appellant’s apartment. Accordingly, the trial court did not abuse its discretion when it overruled appellant’s motion to suppress because the possible destruction of the evidence provided an adequate exigent circumstance warranting the forcible entry into appellant’s apartment without a warrant.
I would affirm the judgment for this reason.
SCHNEIDER, C.J., joins this concurring opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9676209. Public record. Not legal advice.