Thomas Edward Blankenship v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

 

NO. 2-03-241-CR

 
 

THOMAS EDWARD BLANKENSHIP                                          APPELLANT

 

V.

 

THE STATE OF TEXAS                                                                  STATE

 
 

------------

 

FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

 

------------

 

MEMORANDUM OPINION1

 

------------

        In one point, appellant Thomas Edward Blankenship appeals the trial court’s denial of his motion to suppress evidence of methamphetamine found in appellant’s possession after a traffic stop. Appellant concedes that the officer who found the drugs lawfully stopped him for a traffic violation. Appellant’s sole complaint on appeal is that the traffic violation for which the officer investigated appellant was a mere pretext to investigate appellant for “some other unknown reason.”  Appellant acknowledges that the court of criminal appeals has rejected the pretext stop doctrine under both the federal and state constitutions, but urges this court to revisit the issue.  See Crittenden v. State, 899 S.W.2d 668, 674 (Tex. Crim. App. 1995); Garcia v. State, 827 S.W.2d 937, 944 (Tex. Crim. App. 1992).  Because we are bound by court of criminal appeals precedent, we decline to do so.  Accordingly, we overrule appellant’s sole point and affirm the trial court’s judgment.

 
 

                                                                  TERRIE LIVINGSTON
                                                                  JUSTICE

 
 

PANEL A:   LIVINGSTON, DAUPHINOT, and MCCOY, JJ.

 

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

 

DELIVERED: August 12, 2004


NOTES

1.  See Tex. R. App. P. 47.4.