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Benjamin Claude Comperry v. State
2012 Tex. App. LEXIS 5401
| Tex. App. | 2012
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Background

  • Appellant Comperry pleaded guilty to misdemeanor DWI after suppression motion denied.
  • Officer Boles used TCIC/NCIC to check criminal history for prior DWI convictions to justify blood draw under §724.012(b)(3)(B).
  • TCIC indicated two prior DWI convictions (Harris and Galveston), though one entry described obstructing a highway as a second conviction.
  • Trial court found Boles credible and that TCIC was a normally reliable source; concluded two prior DWIs supported warrantless blood draw.
  • Comperry testified the Galveston result was only obstructing and not a second DWI; court found Boles reasonably relied on information from TCIC.
  • Appellate court held the trial court did not abuse discretion; TCIC information, though facially irregular, was reliable from a credible source and supports blood draw.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether reliable information from a credible source supports §724.012(b)(3) Comperry argues TCIC data were facially irregular and not reliable. State argues TCIC is normally reliable and credible; information need not be perfect. Yes; information from a credible source is reliable even if imperfect.

Key Cases Cited

  • Beeman v. State, 86 S.W.3d 613 (Tex. Crim. App. 2002) (implied-consent framework; police can obtain blood without a warrant in limited circumstances)
  • Badgett v. State, 42 S.W.3d 136 (Tex. Crim. App. 2001) (statutory interpretation; overlap of terms in 724.012(b)(3))
  • Clinton v. State, 354 S.W.3d 795 (Tex. Crim. App. 2011) (statutory construction; presumption of entire statute’s effectiveness)
  • Gates v. Illinois, 462 U.S. 213 (1983) (totality-of-the-circumstances approach for probable cause)
  • Mata v. State, 46 S.W.3d 902 (Tex. Crim. App. 2001) (timing considerations in blood-alcohol evidence collection)
  • Cain v. State, 958 S.W.2d 404 (Tex. Crim. App. 1997) (credibility of intoxicated suspect vs. officer reliance on TCIC)
Read the full case

Case Details

Case Name: Benjamin Claude Comperry v. State
Court Name: Court of Appeals of Texas
Date Published: Jul 10, 2012
Citation: 2012 Tex. App. LEXIS 5401
Docket Number: 14-11-00616-CR
Court Abbreviation: Tex. App.