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Click here for the full text of this decision FACTS:The defendant moved to suppress evidence on the ground that officers did not have reasonable suspicion to seize him. The only evidence was the uncontradicted testimony of the officers. The trial court granted the motion to suppress. The state appealed. The court of appeals reversed the decision of the trial court. HOLDING:Affirmed. In State v. Ross, 32 S.W.3d 853 (Tex. Cr. App. 2000), the court held that the trial court’s decision should have been affirmed because of the deference due its fact-findings: “In a motion to suppress hearing, the trial court is the sole trier of fact and judge of the credibility of the witnesses and the weight to be given their testimony. Accordingly, the judge may believe or disbelieve all or any part of a witness’s testimony, even if that testimony is not controverted. This is so because it is the trial court that observes first hand the demeanor and appearance of a witness, as opposed to an appellate court which can only read an impersonal record.” “Furthermore, when the trial court fails to file findings of fact, we view the evidence in the light most favorable to the trial court’s ruling and assume that the trial court made implicit findings of fact that support its ruling as long as those findings are supported by the record. If the trial judge’s decision is correct on any theory of law applicable to the case, the decision will be sustained.” This case and Ross differ is that the trial court granted Ross’s motion without making specific findings of fact, while this trial court granted Gray’s motion and made specific findings of fact. The Court of Criminal Appeals believes those findings permitted the court of appeals to review the ruling without infringing on the trial court’s discretion to determine the facts. OPINION:Womack, J., delivered the court’s opinion.

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