Longoria v. State

The factual question of whether appellant and his companion were in a public place is a close one. In my judgment finding the answer becomes even more difficult when two specified factual items not particularized in the opinion of the Court are considered: Park Police Officer Garrett spotted the car at 5:40 a. m. dark, and not until he manuevered his patrol unit in such a way that its headlights were shining “up there” was he able to see two heads in the car.1 It is also true that in the entire fifteen hundred acres of the park which Garrett was patrolling that morning this car was the only…