Third Court of Appeals Criminal Update July/August 2023

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The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from January 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of May 31, 2023.

SEARCH AND SEIZURE – NATURE OF POLICE ENCOUNTER: Trial court did not abuse its discretion in denying DWI defendant’s motion to suppress evidence obtained during encounter with police.  

Williams v. State, No. 03-21-00029-CR (Tex. App.—Austin Jan. 27, 2023, no pet.) (mem. op., not designated for publication). Williams was charged with driving while intoxicated and filed a motion to suppress the evidence. At the suppression hearing, the trial court heard evidence that, on the morning of his arrest, Williams’s neighbor called 911 and reported that she believed Williams had been drinking and driving. Officer John Bowman of the Lampasas Police Department was on patrol when…