Nolberta Louise Vargas v. State ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00432-CR
___________________________
NOLBERTA LOUISE VARGAS, Appellant
V.
THE STATE OF TEXAS
On Appeal from County Criminal Court No. 6
Tarrant County, Texas
Trial Court No. 1453917
Before Sudderth, C.J.; Bassel and Womack, JJ.
Memorandum Opinion by Justice Bassel
MEMORANDUM OPINION
Appellant Nolberta Louise Vargas appeals her conviction for Class B
misdemeanor driving while intoxicated, enhanced by one prior felony, for which she
was sentenced to 100 days in Tarrant County Jail. In a single issue, Vargas argues that
the trial court erred by denying her pretrial motion to suppress evidence of an
electronic scale discovered during a search of her purse. The State responds that the
correctness of the trial court’s pretrial ruling denying Vargas’s motion to suppress was
rendered moot when later, during the trial, the trial court sustained her hearsay
objection to the testimony relating to the scale. We agree with the State that the
record does not reflect that any testimony related to the scale was offered or admitted
at trial. We therefore overrule Vargas’s sole issue as moot and affirm the trial court’s
judgment. See Long v. State, 525 S.W.3d 351, 368 (Tex. App.—Houston [14th Dist.]
2017, pet. ref’d) (holding that appellant’s argument challenging the trial court’s denial
of his motion to suppress evidence obtained during the search of his residence was
moot because none of the items seized was offered or admitted at trial).
/s/ Dabney Bassel
Dabney Bassel
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: July 3, 2019
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