THE STATE OF TEXAS v. DAVID WAYNE WOODARD (dissenting)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0828-10

THE STATE OF TEXAS

v.

DAVID WAYNE WOODARD, Appellee

ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

WICHITA COUNTY

Keller, P.J., filed a dissenting opinion in which Meyers, J., joined.

Article 14.01(b) allows an officer to conduct a warrantless arrest "for any offense committed in his presence or within his view." (1) In this case, the evidence is undisputed that the arrest was without a warrant and that a DWI was not committed in the presence or view of any police officer, since appellant was first spotted walking six to eight blocks from the accident. I therefore disagree with the Court's holding that Article 14.01(b) was not violated. (2)

I respectfully dissent.

Filed: April 6, 2011

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1. Tex. Code Crim. Proc. art. 14.01(b).

2. Court's op. at 16.