Terry Lynn Stevens v. State
03-14-00483-CR
| Tex. App. | Apr 27, 2015Background
- Defendant Terry Lynn Stevens was indicted for DWI (third or more, habitual) after an incident at an apartment-complex gate on May 9, 2013; State alleged prior DWIs as enhancements.
- Complainant McCrum saw a white pickup roll back into a fence, could not identify the driver, and called police; she was not watching when officers arrived.
- Officer Boucher arrived ~5 minutes after dispatch, saw a white Ford truck parked, observed Stevens exit the driver’s side and stand by the door, but did not see him drive, shift gears, use keys, or otherwise operate the truck; the vehicle was parked on private property when contact occurred.
- Officer Boucher obtained a blood-draw warrant based on an affidavit the defense describes as conclusory and lacking facts establishing operation in a public place or timing sufficient to show blood would reflect intoxication; Stevens’ blood showed BAC over .08 and was admitted at trial over suppression objections.
- Recorded jail phone calls (potentially containing admissions) were admitted over Stevens’ Rule 403 objection; transcripts are not in the record and the jury listened to the tapes during deliberations.
- Jury found Stevens guilty and assessed life imprisonment after finding the enhancement allegations true; this brief challenges (1) denial of suppression of blood evidence, (2) sufficiency of evidence of “operation,” and (3) admission of jail-call tapes without a Rule 403 balancing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Stevens) | Held (trial court / posture on appeal) |
|---|---|---|---|
| 1. Whether the blood-draw warrant affidavit was sufficient | Warrant issuance proper under totality of circumstances; blood evidence admissible | Affidavit was conclusory, lacked facts showing operation in a public place or timing to support probable cause for blood draw | Trial court denied suppression; on appeal Stevens urges reversal and new trial |
| 2. Sufficiency of evidence that Stevens "operated" a vehicle in a public place | Combined testimony and admissions support operation; BAC and other evidence permit inference of operation | Neither witness observed operation; McCrum could not ID driver; Boucher never saw driving or vehicle movement — evidence insufficient as a matter of law | Jury convicted; Stevens argues the evidence legally insufficient and requests reversal |
| 3. Admissibility of recorded jail phone calls under Rule 403 | Calls were relevant to operation and not merely cumulative; probative value outweighed prejudice | Defense objected under Rule 403; court failed to perform required balancing; recordings were highly prejudicial and lacked transcript in record | Trial court admitted tapes without on-record balancing; Stevens contends this was abuse of discretion requiring reversal |
| 4. Harmless-error review of alleged evidentiary errors | Any errors were harmless beyond a reasonable doubt or did not contribute to verdict | Admission of blood evidence and tapes were highly prejudicial and likely influenced jury, requiring reversal under rule 44.2(a) | Trial court errors alleged; appellant asks appellate court to find error harmful and reverse |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (probable-cause totality-of-the-circumstances test for warrants)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of evidence review)
- Martinez v. State, 348 S.W.3d 919 (abuse-of-discretion standard on suppression rulings)
- State v. Jordan, 342 S.W.3d 565 (magistrate may draw reasonable inferences but affidavit must supply substantial basis for probable cause)
- Crider v. State, 352 S.W.3d 704 (probable-cause/timing issues for blood-draw warrants)
- Mozon v. State, 991 S.W.2d 841 (Rule 403: court must conduct balancing once objection raised)