Gary L. Graf v. State

KIDD, Justice.

Appellant Gary L. Graf was convicted of the misdemeanor offense of driving while intoxicated after being stopped by a Texas Department of Public Safety (“DPS”) officer assigned to the Capitol District. Act of May 27, 1983, 68th Leg., R.S., ch. 303, § 3, 1983 Tex. Gen. Laws 1568,1574 (Tex.Rev.Civ.Stat. Ann. art. 67011l-1(b), since repealed and codi- fled at Tex. Penal Code Ann. § 49.04). Graf filed a motion to suppress evidence on the ground that the DPS officer was without jurisdiction to make the original traffic stop. The trial court held that the officer had jurisdiction and…