Eurice Wilson v. State ( 2020 )


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  •                                        In The
    Court of Appeals
    Ninth District of Texas at Beaumont
    __________________
    NO. 09-18-00442-CR
    __________________
    EURICE WILSON, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    __________________________________________________________________
    On Appeal from the County Court at Law No. 3
    Jefferson County, Texas
    Trial Cause No. 308475
    __________________________________________________________________
    MEMORANDUM OPINION
    A jury convicted appellant Eurice Wilson of driving while intoxicated. The
    trial court assessed punishment at ninety days in the county jail and a fine of $1000,
    but suspended the imposition of sentence and placed Wilson on community
    supervision for one year. Wilson filed this appeal, in which he contends that (1) the
    investigating officer lacked reasonable suspicion or probable cause, and (2) the
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    investigating officer’s exercise of his community caretaking function in detaining
    Wilson was unreasonable. We affirm the trial court’s judgment.
    BACKGROUND
    Detective Ricardo Meza of the Port Arthur Police Department testified that he
    conducted a traffic stop of Wilson’s vehicle, and a video of the stop was admitted
    into evidence and played for the jury over defense counsel’s objection that Meza
    lacked reasonable suspicion. According to Meza, Wilson’s car was weaving back
    and forth, and Wilson then pulled over and parked on the side of the public road
    although Meza had not activated his lights. Meza testified that it was a busy street,
    and is not a normal location to stop. Meza explained that he saw the vehicle and
    followed it for three or four blocks before the vehicle pulled over. Meza testified that
    he wondered whether something was wrong with the driver of the vehicle, and he
    explained that he was checking on Wilson’s welfare, not conducting a traffic stop.
    Meza explained that he has previously encountered drivers who were experiencing
    a diabetic crisis. Meza testified that Wilson’s speech was slurred, Wilson appeared
    disoriented and had bloodshot, watery eyes, and Meza smelled an alcoholic beverage
    on Wilson. Meza began to suspect that Wilson might be intoxicated. Wilson told
    Meza that he had consumed beer not long ago.
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    Meza asked Wilson to get out of the vehicle and Meza performed standardized
    field sobriety tests, including the horizontal gaze nystagmus, walk and turn, and one-
    leg stand. According to Meza, Wilson displayed six out of six clues for nystagmus
    and four clues on the walk and turn. Meza explained that Wilson had difficulty
    following instructions and keeping his balance during the field sobriety testing, and
    Wilson was disoriented. Based upon Wilson’s actions, hesitation, and stumbling,
    Meza believed Wilson was intoxicated. According to Meza, Wilson refused to
    provide a breath sample.
    Detective Tomas Barboza of the Port Arthur Police Department testified that
    he was working off-duty with Meza when they came across Wilson. Barboza
    described Wilson’s eyes as red, bloodshot, and glassy. According to Barboza,
    Wilson had trouble performing the tasks Meza asked him to do during the field
    sobriety testing. Barboza testified that his observations led him to believe that
    Wilson did not have normal use of his physical faculties, and Wilson’s actions were
    consistent with those of an intoxicated person.
    The State rested at the conclusion of Barboza’s testimony. The defense rested
    after making a motion for directed verdict, which the trial judge denied. The jury
    found Wilson guilty. The trial judge assessed punishment at ninety days in the
    county jail and a fine of $1000, but the judge suspended the imposition of sentence
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    and placed Wilson on community supervision for one year. Wilson filed this appeal,
    in which he raises two issues for our review.
    ISSUES ONE AND TWO
    In his first issue, Wilson assert that Meza “had no reasonable suspicion or
    probable cause” to stop Wilson’s vehicle, and in issue two, Wilson argues that
    Meza’s use of his community caretaking function was unreasonable. We address
    issues one and two together.
    We first address whether Meza’s use of his community caretaking function
    was reasonable. To invoke the community caretaking exception, an officer’s primary
    motive must be concern for the individual’s wellbeing. Corbin v. State, 
    85 S.W.3d 272
    , 277 (Tex. Crim. App. 2002). Determining whether an officer has properly
    invoked the community caretaking function is a two-step process. See
    id. First, we
    must determine whether the officer was primarily motivated by a community
    caretaking purpose.
    Id. Second, we
    must determine whether the officer’s belief that
    assistance was required was reasonable.
    Id. In determining
    whether the officer’s
    belief that the defendant needed help was reasonable, we consider:
    (1) The nature and level of the distress exhibited by the individual; (2)
    the location of the individual; (3) whether or not the individual was
    alone and/or had access to assistance other than that offered by the
    officer; and (4) to what extent the individual, if not assisted, presented
    a danger to himself or others.
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    Id. “Because the
    purpose of the community caretaking exception is to allow an
    officer to ‘seize’ and assist an individual whom he reasonably believes is in need of
    help, the first factor is entitled to the greatest weight.”
    Id. As discussed
    above, Meza testified that he followed Wilson’s car for three or
    four blocks and observed that it was weaving back and forth, and Wilson then pulled
    over and parked on the side of the public road although Meza had not activated his
    lights. Meza explained that it was a busy street and was not a normal location to stop.
    Meza consistently testified that he was motivated by concern about Wilson’s
    welfare, and he explained that he had previously encountered drivers who were
    experiencing medical problems. We conclude that the trial court reasonably
    determined that Meza’s primary motivation in stopping Wilson was based upon
    concern for community caretaking. See 
    Corbin, 85 S.W.3d at 277
    . Next, we must
    determine whether Meza’s belief that Wilson might need assistance was reasonable.
    See
    id. Meza testified
    that he observed the vehicle weaving for three or four blocks,
    and that Wilson stopped on a busy street, which was not a normal place to stop, when
    Meza had not activated his lights. Considering the four factors set forth in Corbin
    (distress, location, other assistance, and danger to himself or others) we conclude
    that Meza’s belief that Wilson needed assistance was reasonable. See
    id. We overrule
    issue two. We need not determine whether Meza had reasonable suspicion because
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    if, as here, an officer is reasonably engaged in a community-caretaking function, he
    need not have reasonable suspicion of criminal activity. See Byram v. State, 
    510 S.W.3d 918
    , 921 (Tex. Crim. App. 2017). Accordingly, we overrule issue one.
    Having overruled both of Wilson’s issues, we affirm the trial court’s judgment.
    AFFIRMED.
    _________________________
    STEVE McKEITHEN
    Chief Justice
    Submitted on January 21, 2020
    Opinion Delivered May 6, 2020
    Do Not Publish
    Before McKeithen, C.J., Kreger and Johnson, JJ.
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Document Info

Docket Number: 09-18-00442-CR

Filed Date: 5/6/2020

Precedential Status: Precedential

Modified Date: 5/6/2020