Higbie v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted of driving while intoxicated, a misdemeanor, in violation of Art. 6701Z-1 V.A.C.S. and sentenced to 60 days in jail, probated for 24 months, and assessed a $350 fine. The Dallas Court of Appeals reversed and remanded, holding that the trial court should have suppressed evidence of appellant’s intoxication because it was the fruit of an illegal stop. 723 S.W.2d 802. We granted State’s Petition for Discretionary Review to determine whether the Court of Appeals substituted itself as the fact-finder, and…