Jesse Cinceneros Garza v. State
01-16-00246-CR
| Tex. App. | May 18, 2017Background
- On Nov. 7, 2013, DPS Trooper Arce observed an SUV he believed had been coming from a bar (Crazy Horse) and twice saw its right-side tires cross a lane divider; he stopped the vehicle at ~9:32 p.m.
- Arce smelled burnt marijuana when he approached, the driver (appellant Jesse Garza) exited, consented to a search, and admitted he had been weaving.
- Arce found 28 half‑gram baggies of a white powder in the driver-side seat/console area; a field test and lab analysis confirmed cocaine totaling 4.27 grams (eight bags tested).
- Arce testified, based on training, that 28 half‑gram baggies indicated distribution rather than personal use; appellant denied ownership of the cocaine.
- Appellant moved to suppress the evidence, arguing the stop lacked reasonable suspicion; he also challenged the trial court’s excusal of a juror during deliberations and replacement with an alternate.
- The trial court denied the suppression motion, allowed the alternate juror to replace Juror No. 5 (who reported being anxious after realizing the defendant lived nearby), and a jury convicted appellant of possession with intent to deliver; sentence 17 years after enhancement pleaded true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop lacked reasonable suspicion for DWI/traffic violation | Garza: Trooper Arce lacked reasonable suspicion—swerving was minimal, no danger created, and appellant didn’t violate a traffic law | State: Arce observed lane deviations at night near a bar, saw weaving, smelled marijuana, and had articulable facts to suspect intoxication | Court: Stop was supported by reasonable suspicion under the totality of circumstances; motion to suppress properly denied |
| Whether trial court erred in excusing Juror No. 5 as disabled and seating an alternate | Garza: Juror’s anxiety/uncomfortableness during deliberations did not demonstrate inability or disability to perform duties | State: Juror said she was very anxious and could not continue; statute permits replacement of jurors unable to perform duties | Court: Even if excusal were error, it was nonconstitutional and harmless; alternate was properly sworn, heard evidence, and jurors restarted deliberations — no reversal |
Key Cases Cited
- Turrubiate v. State, 399 S.W.3d 147 (Tex. Crim. App.) (standard of review for suppression hearing)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (officer may briefly stop/detain on reasonable suspicion)
- Leming v. State, 493 S.W.3d 552 (Tex. Crim. App.) (reasonable suspicion where vehicle drifted within lane)
- Foster v. State, 326 S.W.3d 609 (Tex. Crim. App.) (time, location, and driving behavior considered in reasonable‑suspicion analysis)
- Scales v. State, 380 S.W.3d 780 (Tex. Crim. App.) (trial court discretion to replace disabled juror; standard of review)