COUCH, JOHN PHILLIP II Appeal from 207th District Court of Comal County (original per curiam)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1372-18 THE STATE OF TEXAS v. JOHN PHILLIP COUCH, II, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRD COURT OF APPEALS COMAL COUNTY Per curiam. OPINION Appellee was charged with intoxication assault and aggravated assault with a deadly weapon. The trial court granted his motion to suppress evidence obtained pursuant to a warrantless blood draw. The court of appeals reversed the trial court’s ruling, holding that exigent circumstances justified the warrantless blood draw. State v. Couch, No. 03-16-00727CR, 2018 WL 2648463 (Tex. App.—Austin June 5, 2018) (not designated for publication). Appellee has filed a petition for discretionary review contending that the court of appeals applied an improper analysis and failed to give proper deference to the trial court’s findings of fact. This Court recently issued a decision in State v. Garcia, 569 S.W.3d 142 (Tex. Crim. App. 2018). In Garcia, we addressed the deference a reviewing court owes to a trial court’s findings of fact and conclusions of law in cases involving claims of exigent circumstances. The Court of Appeals in the instant case did not have the benefit of our decision in Garcia. Accordingly, we grant Appellee’s petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals for reconsideration in light of the opinion in Garcia. Delivered: May 8, 2019 Do Not Publish
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