State v. Gerstenkorn

OPINION

Opinion by

ALMA L. LÓPEZ, Chief Justice.

The State of Texas appeals the trial court’s order granting a motion to suppress. The trial court granted the motion to suppress on the basis that the appellee, Craig B. Gerstenkorn, was stopped for suspicion of DWI while driving in a “gated community,” which the trial court concluded was not a public place as a matter of law. 1 We reverse the trial court’s order and remand the cause to the trial, court for further proceedings.

We review a trial court’s ruling on a motion to suppress evidence for an abuse of discretion. Balentine v. State, 71…