Wyatt, Brittany, PD-1452-15

Wyatt was charged with DWI in 2007 (cause 2007-0624-3) in Nueces County with BAC .177.
The 2007 case was set for multiple pretrial hearings and jury trial dates over four years before dismissal.
The State dismissed the 2007 case with prejudice after the arresting officer failed to appear at a pretrial hearing.
The State refiled the case in 2011 as cause 2011-5202-3; Wyatt filed a motion for sanctions and/or suppression.
The trial court later dismissed the 2011 case with prejudice, finding the officer’s absence and related prejudice; the Court of Appeals reversed, and the State sought discretionary review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Outside-record factual assertions	Wyatt	State	Court of Appeals erred; cannot rely on non-record State assertions.
Addressing all issues	Wyatt	State	Court of Appeals failed to address preserved error and due process claim.
Error preservation	Wyatt	State	Court of Appeals misapplied Rule 33.1; error preservation issues must be examined.
Speedy trial analysis	Wyatt	State	Speedy-trial claim not properly preserved; dismissal on speedy-trial grounds improper.

Jack v. State, 149 S.W.3d 119 (Tex. Crim. App. 2004) (appellate courts may not consider facts outside the record)
Hernandez v. State, 116 S.W.3d 26 (Tex. Crim. App. 2003) (Daubert/kinetic gatekeeping; trial record primary evidence)
Keehn v. State, 233 S.W.3d 348 (Tex. Crim. App. 2007) (requires addressing all issues under Rule 47.1)
Gipson v. State, 383 S.W.3d 152 (Tex. Crim. App. 2012) (error preservation and standard of review on appeals)
Alford v. State, 400 S.W.3d 924 (Tex. Crim. App. 2013) (defer to trial court findings; uphold under any record-supported theory)
Turrubiate v. State, 415 S.W.3d 433 (Tex. App.—San Antonio 2013) (approve considering alternative theories on appeal)
Barker v. Wingo, 407 U.S. 514 (1972) (four-factor speedy trial test)
State v. Kelly, 204 S.W.3d 808 (Tex. Crim. App. 2006) (speedy trial considerations in Texas)