in Re Wendy Jeanette Wingfield, in Her Capacity as Independent of the Estate of O. D. Wingfield
in Re Wendy Jeanette Wingfield, in Her Capacity as Independent of the Estate of O. D. Wingfield
Opinion
IN THE
TENTH COURT OF APPEALS
No. 10-05-00054-CV
In re Wendy Jeanette Wingfield,
in her Capacity as Independent
Executor of the Estate of
O. D. Wingfield, Deceased
Original Proceeding
MEMORANDUM Opinion
On March 15, 2005, after receiving a settlement agreement that appeared to resolve all of the issues in this original proceeding, we sent a letter to the parties stating that “the petition for writ of mandamus will be dismissed as moot unless, within fourteen (14) days after the date of this letter, grounds are shown for continuing the proceeding.” No response has been received. Thus, the petition for writ of mandamus is dismissed as moot.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Chief Justice Gray dissents for the reasons expressed in his “Dissenting Opinion to Order Lifting Stay” issued in this cause on March 2, 2005.)
Petition dismissed
Opinion delivered and filed April 20, 2005
[OT06]
ficer Gillman that Lenox crossed over the “fogline” multiple times. Further, a video of Lenox crossing the line was introduced into evidence. The Texas Transportation Code allows an operator of a motor vehicle, in limited circumstances, to “drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely.” Tex. Trans. Code Ann. § 545.058(a) (Vernon 1999). However, the record does not show any of the exceptions in Section 545.058(a). See id. The trial court found, based on this evidence, that Lenox violated Section 545.058(a). Id.
We agree that Officer Gillman had reasonable suspicion of criminal activity and the traffic stop was legal. The trial court did not abuse its discretion by denying Lenox’s motion to suppress evidence. We overrule Lenox’s sole issue.
Conclusion
Having overruled Lenox’s sole issue, we affirm the judgment of the trial court.
BILL VANCE
Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion
delivered and filed May 24, 2006__________
Do not publish
[CR25]
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