Anthony Dunte Bailey v. The State of Texas--Appeal from 338th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-07-00502-CR

Case Date: 12/11/2008

Plaintiff: Anthony Dunte Bailey

Defendant: The State of Texas--Appeal from 338th District Court of Harris County

Preview:
In The
Court of Appeals

For The

First District of Texas

NO. 01-07-00502-CR
ANTHONY DUNTE BAILEY, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court
Harris County, Texas
Trial Court Cause No. 1104296

MEMORANDUM  OPINION
A jury found appellant, Anthony Dunte Bailey, guilty of possessing a controlled substance weighing more than one gram and less than four grams, in prison, pursuant to an agreed recommendation.  In his sole point of error, appellant argues that the trial court erred in denying his Motion to Suppress Evidence. Appellant argues that his arrest violated the prohibition against unreasonable search and seizure in the Fourth Amendment of the United States Constitution, as well as Article 14.01 of the Texas Code of Criminal Procedure.1
We affirm.

Background
On October 3, 2006, at around 10 p.m., Deputy Jeremiah Jones and his partner, Deputy Maldonado, observed three men loitering around an apartment complex at 3300 Winbern in Harris County. Deputy Jones exited the car and approached the men, intending to determine whether they lived at the apartment complex.  Appellant began to walk away from Deputy Jones, while the other two men stayed.  Deputy Jones instructed appellant to stop and provide identification, but appellant continued to walk away.  Deputy Jones repeated his command to stop, at which point appellant
A rticle 14.01 states:
(a)
A peace officer or any other person, may, w ithout a warrant, arrest an offender w hen the o ffen se is comm itted in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

(b)
A peace o ffice r may arrest an offender w ithout a w arrant for any offense committed in his presence or within his view.

TEX. CODE CRIM. PROC. ANN. art. 14.01 (V ernon 2005).
apartment building.  Deputy Jones drew his weapon, but appellant continued to walk away, so Deputy Jones finally grabbed appellant, wrestled him to the ground, and handcuffed him.  Another officer recovered the black box, which was found to contain eleven white rocks, which tested positive for cocaine and weighed 4.3 grams.

Standard of Review
In reviewing the trial court

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