Texas v. Duran (Original)

State: Texas

Docket No: PD-0771-12

Case Date: 04/17/2013

Plaintiff: Texas

Defendant: Duran (Original)

Preview:IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. PD-0771-12

THE STATE OF TEXAS v. ANTHONY DURAN, Appellee

ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW FROM THE EIGHTH COURT OF APPEALS EL PASO COUNTY C OCHRAN, J., delivered the opinion of the Court in which M EYERS, P RICE, W OMACK, J OHNSON, K EASLER, H ERVEY and A LCALA, JJ., joined. K ELLER, P.J., concurred. OPINION When Anthony Duran made a left-hand turn in front of a speeding police car, the police officer braked, turned to follow, pulled Mr. Duran's car over, and eventually arrested him for DWI. Mr. Duran filed a motion to suppress, claiming that the officer did not have reasonable suspicion to stop him. The trial judge granted the motion, the State appealed, and

Duran

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the court of appeals reversed the trial judge's ruling.1 The issue before us is whether an appellate court must defer to a trial judge's factual findings which, when viewed piecemeal and in isolation, may be ambiguous, but, when read in their totality, reasonably support his legal conclusion.2 It must. A reviewing court must apply the same non-technical, commonsense deference

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