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State v. Clark

The trial court erred in granting appellant's motion to suppress because the evidence before the court showed a reasonable basis for the sergeant to suspect appellant of violating �18-153 of the Abilene Municipal Code. There need only be an objective basis for the stop; the subjective intent of the officer conducting the stop is irrelevant. Eastland Court of Appeals, No. 11-09-00042-CR, 04-08-2010

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OPINION

The State of Texas appeals from the granting of Christopher Robert Clark’s motion to suppress evidence, which he presented in the underlying case in which he is charged with the offense of driving while intoxicated. In its sole point, the State urges that the trial court abused its discretion in granting Clark’s motion to suppress. We reverse the order granting Clark’s motion to suppress and remand for further proceedings consistent with this opinion.

We review the trial court’s ruling on a motion to suppress evidence for an abuse of discretion. Swain v. State, 181 S.W.3d 359, 365(Tex. Crim. App. 2005). We review the evidence in the light most favorable to the trial court’s ruling. Id. When the trial court makes explicit fact findings, we determine whether the evidence, when viewed in the light most favorable to the trial court’s ruling, supports those findings. State v. Kelly, 204 S.W.3d 808, 818 (Tex. Crim. App. 2006). We then review the trial court’s legal ruling de novo unless its explicit fact findings that are supported by the record are also dispositive of the legal ruling. Id. We will sustain the trial court’s decision if it is correct on any theory of law applicable to the case. Swain, 181 S.W.3d at 365.

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