Johnson v. State

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment of conviction in a driving while intoxicated case. We reverse.

In his sole point of error, appellant complains:

THE TRIAL COURT ERRED BY NOT INCLUDING IN ITS CHARGE THE LAW CONCERNING WHEN A LAW ENFORCEMENT OFFICER MAY STOP AND DETAIN A PERSON FOR TEMPORARY INVESTIGATIVE PURPOSES.

After both sides rested, appellant requested a charge in writing on the law of reasonable suspicion necessary to legally stop and temporarily detain a person. The requested charge read:

You are instructed that a law enforcement officer is permitted to make a…