Summary
holding that garage was suspicious place when driver of other vehicle involved in traffic accident with Crowley—from which she fled—followed her to a detached garage at a private residence and left his passenger to watch the home while he left to call the police
Summary of this case from Cook v. StateOpinion
No. 439-92.
June 3, 1992.
Appeal from County Criminal Court at Law No. 9, Harris County, Zinetta A. Burney, J.
J. Sidney Crowley, Bellaire, for appellant.
John B. Holmes, Jr., Dist. Atty., and Timothy G. Taft, Asst. Dist. Atty., Houston, Robert Huttash, State's Atty., Austin, for the State.
Before the court en banc.
OPINION
The trial court convicted appellant of driving while intoxicated and assessed her punishment at confinement for one hundred eighty days, probated, and a fine of $250. The Court of Appeals affirmed the conviction, finding that appellant's warrantless arrest was authorized under Article 14.03(a)(1), V.A.C.C.P., in that under the circumstances appellant's garage constituted a "suspicious place," and leaving the scene of an automobile collision without giving information constituted a "breach of the peace." Crowley v. State, 1992 WL 27307 (Tex.App. — Houston [1st], No. 01-90-0362-CR, delivered February 20, 1992).
Appellant raises one ground for review. After careful review we refuse appellant's petition for review. However, as is true in every case in which discretionary review is refused, this refusal does not constitute endorsement or adoption of the reasoning employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App. 1983). With this understanding, we refuse appellant's petition for discretionary review.