Legal Opinion · Dissent

Castro v. State

Texas Court of Appeals, 2nd District (Fort Worth)

Decided August 10, 2006No. 02-05-210-CRPublished

1DissentBob McCOY, Justice

I concur with the majority’s holding that Appellant had standing to challenge the initial stop of the vehicle in which he was a passenger. I disagree, however, with the holding that the State did not meet its burden of establishing that the stop was reasonable.

The majority relies on Ford v. State, 158 S.W.3d 488 (Tex.Crim.App.2005), in concluding that the State did not meet its burden of proving that the stop was reasonable. In Ford, the police officer testified that he stopped Ford because Ford was “following too close” to another car. Id. at 493. The court found a complete absence of…

2Cases cited9 opinions

  1. Walter v. StateCourt of Criminal Appeals of Texas · 2000
  2. Granados v. StateCourt of Criminal Appeals of Texas · 2002
  3. McVickers v. StateCourt of Criminal Appeals of Texas · 1993
  4. Fearance v. StateCourt of Criminal Appeals of Texas · 1988
  5. Fleming v. MooreSupreme Court of the United States · 1989

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