Jose Hernandez A/K/A Jose Irriaza v. State ( 2016 )


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  • Opinion filed November 30, 2016
    In The
    Eleventh Court of Appeals
    __________
    Nos. 11-14-00313-CR, 11-14-00314-CR, 11-14-00315-CR, &
    11-14-00316-CR
    __________
    JOSE HERNANDEZ A/K/A JOSE IRRIAZA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 35th District Court
    Brown County, Texas
    Trial Court Cause Nos. CR22630, CR22622, CR22625, & CR22621
    MEMORANDUM OPINION
    The trial court convicted Jose Hernandez a/k/a Jose Irriaza of four offenses:
    engaging in organized criminal activity (Cause No. 11-14-00316-CR), theft with a
    value of over $100,000 but less than $200,000 (Cause No. 11-14-00314-CR),
    burglary of a building (Cause No. 11-14-00315-CR), and unauthorized use of a
    vehicle (Cause No. 11-14-00313-CR). The trial court sentenced Appellant to
    confinement in the Institutional Division of the Texas Department of Criminal
    Justice for a term of thirty years for engaging in organized criminal activity and
    twenty years for the theft conviction. For each of the other two convictions, the trial
    court sentenced Appellant to confinement in the State Jail Division of the Texas
    Department of Criminal Justice for a term of two years. The trial court further
    ordered that all the sentences are to run concurrently.
    In two issues on appeal, Appellant argues that (1) the trial court erred in
    denying Appellant’s motion to suppress the evidence obtained from a vehicle in
    which Appellant was a passenger and (2) the evidence is insufficient to support
    Appellant’s convictions. We affirm.
    Background Facts
    During the early morning hours of May 19, 2013, Higginbotham Brothers in
    Brownwood was burglarized. The Brownwood Police Department arrived on the
    scene and noticed that someone had cut the lock on the main gate with bolt cutters.
    They also observed that the lock on the warehouse door was missing. Someone had
    hot-wired a forklift, which appeared to have been recently used. The manager of
    Higginbotham’s noticed that two vehicles and twelve pallets of laminate roofing
    shingles were missing. The value of the stolen property exceeded $100,000.
    At approximately 3:00 a.m. on May 19, 2013, Officer Christopher Jarrett
    Elting of the Rising Star Police Department observed a silver Nissan Xterra traveling
    north on Highway 183 in Rising Star. Officer Elting clocked the Xterra’s speed at
    seventy-one miles per hour. The speed limit on that portion of the highway was
    fifty-five miles per hour. At the same time, Officer Elting also observed a flatbed
    semi-truck carrying roofing shingles following closely behind the Xterra. The truck
    was flashing its hazard lights and driving without headlights. Officer Elting testified
    that Rising Star has very little, if any, traffic at this time of night. Because the two
    vehicles were traveling in close proximity, Officer Elting later realized that the
    Xterra and the truck were traveling together.
    2
    Officer Elting turned on his overhead lights and attempted to pull over the
    truck. Officer Elting chose to pull over the truck, rather than the Xterra, because
    driving without headlights created a safety issue. Officer Elting pursued the truck
    north on Highway 183 as it approached a four-way stop at the intersection of
    Highway 183 and Highway 36. Without stopping at the intersection, the truck
    turned right onto Highway 36 and began traveling east. Meanwhile, the Xterra
    stopped at the intersection and remained there.
    The truck continued traveling east on Highway 36 for several blocks and then
    pulled over. Officer Elting parked his vehicle behind the truck and walked up to the
    driver’s side of the cab. As Officer Elting approached the truck, he noticed that no
    one was in the truck and that the driver had fled through the passenger side door.
    Officer Elting inspected the truck and saw that there was no key in the ignition, that
    the dash had been torn apart, and that there were wires hanging out everywhere.
    Officer Elting concluded that the truck had more than likely been hot-wired.
    Officer Elting heard bushes rustling and dogs barking to the south. Due to his
    familiarity with the area, Officer Elting realized that the driver was fleeing toward
    East Ross Street. Officer Elting knew that the pasture through which the suspect
    was running had brush, trees, and barbed wire.
    Officer Elting returned to his vehicle and drove to East Ross Street. When he
    arrived, Officer Elting saw the Xterra stopped in front of the officer’s residence in
    Rising Star. Based on the direction that the Xterra had originally been traveling on
    Highway 183, Officer Elting believed that it must have turned around in order to
    arrive at this location. Based on this observation, Officer Elting believed that the
    Xterra had doubled back to come pick up the driver of the truck.
    Officer Elting stopped the Xterra and ordered the occupants to exit the vehicle.
    Alfonso Hernandez, the driver of the Xterra, exited the vehicle first. The right front
    passenger, Immer Jonathan, exited the vehicle second.           The rear passenger,
    3
    Appellant, exited the vehicle last.     Appellant had scratches on his arms, was
    sweating, and was breathing heavily.       Officer Elting testified that Appellant’s
    scratches were consistent with the type of injuries one would expect to see on
    someone who had been running through a pasture with brush and trees.
    Officer Elting called for backup. He also asked Appellant and his two
    companions for identification.      Appellant and his two companions produced
    identification documents issued in El Salvador and Guatemala. None of the three
    individuals had a valid driver’s license. Officer Elting called a tow truck to come
    pick up the Xterra because none of them could legally operate the vehicle. About
    fifteen minutes after the stop, Officer Elting contacted dispatch in order to run a
    background check on all three individuals.
    While he was waiting on the results of the background checks, Officer Elting
    attempted to question Appellant and his two companions about what they were doing
    on East Ross Street at 3:00 a.m.          Communication between Appellant and
    Officer Elting was difficult because of a language barrier. Approximately thirty
    minutes after the initial stop, the background checks came back negative on all three
    individuals. The background checks took approximately fifteen minutes due to the
    fact that Appellant and his two companions could only produce identification issued
    from foreign countries.        Following the return of the background checks,
    Officer Elting told another officer over the telephone that Officer Elting had no
    reason to hold Appellant or his two companions and could not connect them to the
    truck. However, Officer Elting continued to detain Appellant and his companions
    while Officer Elting investigated their connection to what appeared to be a stolen
    truck.
    Approximately forty minutes after the initial stop, Officer Elting called
    Customs and Border Protection (CBP). According to Officer Elting, the reason for
    doing so was to locate an interpreter who could assist him in speaking with Appellant
    4
    and his companions.       The CBP officer spoke to Appellant and both of his
    companions over the phone. Afterwards, the CBP officer informed Officer Elting
    that the officer would be placing immigration holds on all three individuals.
    Around the time that Officer Elting was in communication with CBP, Officer
    Elting spoke with Deputy Ben Yarbrough of the Eastland County Sheriff’s
    Department. Deputy Yarbrough informed Officer Elting about a memorandum
    distributed by the Abilene Police Department. The memorandum indicated that
    three Hispanic males driving a light-colored SUV were suspected of being involved
    in the theft of trucks loaded with roofing shingles. At that time, Deputy Yarbrough
    concluded that the truck was the same one stolen from Higginbotham’s in
    Brownwood earlier that morning. Approximately seventy-one minutes after the
    initial stop, Officer Elting took Appellant and his companions into custody on the
    immigration holds and transported them to the Eastland County jail.
    Law enforcement subsequently searched the Xterra and found the following
    items: a handwritten list of addresses for hardware stores, a Home Depot receipt for
    a pair of 24-inch HK Porter bolt cutters, a pair of bolt cutters, and business cards of
    construction companies. Law enforcement also searched the stolen truck and found
    a pair of 24-inch HK Porter bolt cutters, a screwdriver, a flashlight, and a set of boot
    prints. The boots taken from Immer Jonathan on the night that he was arrested
    appeared to match the boot prints found on the truck. The UPC number located on
    the 24-inch HK Porter bolt cutters found in the truck matched the UPC number on
    the Home Depot receipt found in the Xterra. One of the addresses listed on the
    handwritten list was Higginbotham’s in Brownwood. Some other addresses were to
    businesses in Abilene that had been burglarized and had shingles stolen from them
    prior to May 19.
    5
    Analysis
    We begin by reviewing Appellant’s challenge to the sufficiency of the
    evidence to support his four convictions. In Issue Two, Appellant contends that the
    evidence was insufficient to convict him of the four offenses.1 We review a
    sufficiency of the evidence issue under the standard set forth in Jackson v. Virginia,
    
    443 U.S. 307
    (1979). Brooks v. State, 
    323 S.W.3d 893
    , 912 (Tex. Crim. App. 2010);
    Polk v. State, 
    337 S.W.3d 286
    , 288–89 (Tex. App.—Eastland 2010, pet. ref’d).
    Under the Jackson standard, we review all of the evidence in the light most favorable
    to the verdict and determine whether any rational trier of fact could have found the
    elements of the offense beyond a reasonable doubt. 
    Jackson, 443 U.S. at 319
    ;
    Issasi v. State, 
    330 S.W.3d 633
    , 638 (Tex. Crim. App. 2010).
    When conducting a sufficiency review, we consider all the evidence admitted
    at trial, including pieces of evidence that may have been improperly admitted.
    Winfrey v. State, 
    393 S.W.3d 763
    , 767 (Tex. Crim. App. 2013); Clayton v. State, 
    235 S.W.3d 772
    , 778 (Tex. Crim. App. 2007). We defer to the factfinder’s role as the
    sole judge of the witnesses’ credibility and the weight their testimony is to be
    afforded. 
    Brooks, 323 S.W.3d at 899
    . This standard accounts for the factfinder’s
    duty to resolve conflicts in the testimony, to weigh the evidence, and to draw
    reasonable inferences from basic facts to ultimate facts. 
    Jackson, 443 U.S. at 319
    ;
    
    Clayton, 235 S.W.3d at 778
    . When the record supports conflicting inferences, we
    presume that the factfinder resolved the conflicts in favor of the verdict and defer to
    that determination. 
    Jackson, 443 U.S. at 326
    ; 
    Clayton, 235 S.W.3d at 778
    .
    1
    Appellant, the only one of the three codefendants who requested a court-appointed appellate
    attorney, has asked this court to incorporate by reference the briefs of his codefendants in Cause Nos. 11-
    14-00318-CR through 11-14-00325-CR. The following analysis is, therefore, in response to the arguments
    made in those briefs, as well as Appellant’s.
    6
    Appellant contends that the evidence was insufficient to support his
    conviction of unauthorized use of a vehicle. A person commits the offense of
    unauthorized use of a vehicle if the person intentionally or knowingly operates
    another’s motor vehicle without the effective consent of the owner. TEX. PENAL
    CODE ANN. § 31.07 (West 2011). Appellant argues that he could not have been
    convicted of unauthorized use of the Higginbotham’s truck because he was never
    identified as the driver of the truck. Appellant relies on Lewis v. State, No. 06-12-
    00049-CR, 
    2012 WL 6217588
    (Tex. App.—Texarkana Dec. 13, 2012, no pet.)
    (mem. op., not designated for publication), and Duenez v. State, 
    735 S.W.2d 563
    (Tex. App.—Houston [1st Dist.] 1987, pet. ref’d), for the proposition that the State
    must, at a minimum, prove that Appellant was operating the vehicle.
    We agree with Appellant that operation of the vehicle is an element of the
    offense. See PENAL § 31.07(a). However, under the law of parties, “[a] person is
    criminally responsible as a party to an offense if the offense is committed by his own
    conduct, by the conduct of another for which he is criminally responsible, or by
    both.” PENAL § 7.01(a). Under Section 7.02(a)(2) of the Penal Code, “[a] person is
    criminally responsible for an offense committed by the conduct of another if . . .
    acting with intent to promote or assist the commission of the offense, he solicits,
    encourages, directs, aids, or attempts to aid the other person to commit the offense.”
    PENAL § 7.02(a)(2). When the defendant is not the primary actor, the State must
    prove conduct constituting an offense plus an act by the defendant done with the
    intent to promote or assist such conduct. Beier v. State, 
    687 S.W.2d 2
    , 3 (Tex. Crim.
    App. 1985); Peek v. State, 
    494 S.W.3d 156
    , 163 (Tex. App.—Eastland 2015, pet.
    ref’d); Schmidt v. State, 
    357 S.W.3d 845
    , 855 (Tex. App.—Eastland 2012, pet.
    ref’d); see also Longest v. State, 
    732 S.W.2d 83
    , 85–86 (Tex. App.—Amarillo 1987,
    no pet.) (holding that there was sufficient evidence to convict the defendant of
    7
    unauthorized use of a tractor when he assisted the primary actor in locating the keys
    to the tractor but did not actually operate the vehicle himself).
    We conclude that there was sufficient evidence to support the trial court’s
    determination that Appellant committed the offense of unauthorized use of the truck
    under the law of parties. There is sufficient evidence to support the conclusion that
    the Xterra and the Higginbotham’s truck were traveling together on May 19. The
    two vehicles were traveling in close proximity at 3:00 a.m. down a rural highway
    that has very little traffic at that time of night. A pair of 24-inch HK Porter bolt
    cutters was discovered in the truck. A Home Depot receipt for a pair of 24-inch HK
    Porter bolt cutters with a UPC number that matched the pair of bolt cutters from the
    truck was found in the Xterra. A handwritten list of addresses for hardware stores,
    one of which was for Higginbotham’s in Brownwood, was discovered in the Xterra.
    Furthermore, Appellant had scratches consistent with those expected on someone
    who had recently been running through a pasture with brush, trees, and barbed wire.
    Appellant next contends that the evidence was insufficient to support his
    conviction of burglary of a building. A person commits burglary if he “enters a
    building or habitation and commits or attempts to commit a felony, theft, or an
    assault.” PENAL § 30.02(a)(3). Appellant argues that there is no evidence that he
    committed burglary of a building because he was not found in or around the location
    of the burglary or in possession of any stolen property and because he did not attempt
    to flee the scene.
    We conclude that there is sufficient evidence to support the trial court’s
    determination that Appellant committed the offense of burglary of a building. There
    is ample evidence that Higginbotham’s in Brownwood was burglarized. The lock
    on the main gate had been cut with bolt cutters. The forklift was warm, indicating
    that it had been recently used. Two vehicles and twelve pallets of laminate roofing
    shingles were missing. That same morning, one of the stolen vehicles, a Freightliner
    8
    truck carrying several pallets of roofing shingles, was found in Rising Star. There
    is sufficient evidence to support the trial court’s conclusion that Appellant
    participated in the burglary. Appellant appears to have been the person who drove
    the stolen truck down Highway 183. As discussed above, there was evidence located
    inside the Xterra and on Appellant’s person that connected Appellant to the stolen
    truck. Since there is evidence that Appellant was acting together with another person
    in the commission of the burglary of Higginbotham’s, we conclude that there was
    sufficient evidence to convict Appellant of burglary of a building. See Wilkerson v.
    State, 
    874 S.W.2d 127
    , 129 (Tex. App.—Houston [14th Dist.] 1994, pet. ref’d)
    (finding sufficient evidence to support a conviction for burglary under the law of
    parties when the defendant drove the getaway vehicle and footprints matching one
    of his passengers were found at the scene of the crime).
    Next, Appellant contends that the evidence was insufficient to support his
    conviction of theft. “A person commits an offense if he unlawfully appropriates
    property with intent to deprive the owner of property.” PENAL § 31.03(a) (West
    Supp. 2016). Appellant argues that there is no evidence that he committed theft
    because there is no evidence placing him in the building where the theft occurred;
    no evidence that he used the forklift, which was necessary to load the roofing
    shingles onto the truck; and no evidence that he drove the stolen truck. For the same
    reasons given above, we conclude that there was sufficient evidence to convict
    Appellant of theft under the law of parties. It was not necessary for the State to
    prove that Appellant himself was the primary actor in entering the building, loading
    the roofing shingles onto the truck, or driving the truck away from Higginbotham’s.
    See PENAL § 7.02(a)(2).
    Appellant next contends that the evidence was insufficient to support his
    conviction for engaging in organized criminal activity.        A person engages in
    organized criminal activity “if, with the intent to establish, maintain, or participate
    9
    in a combination or in the profits of a combination . . . the person commits or
    conspires to commit one or more” enumerated offenses.            PENAL § 71.02(a).
    Appellant argues that there was insufficient evidence to convict him of engaging in
    organized criminal activity because (1) the State failed to prove that Appellant
    committed any of the underlying offenses of unauthorized use of a vehicle, theft, and
    burglary and (2) the State failed to prove that Appellant was acting in a continuing
    course of criminal activities. As we have discussed above, there is sufficient
    evidence to support Appellant’s convictions of the underlying offenses. Therefore,
    we will only address Appellant’s argument that the State failed to prove that
    Appellant was acting in a continuing course of criminal activities.
    The requirement that the State prove continuity as an element of engaging in
    organized criminal activity was explained by the Court of Criminal Appeals in
    Nguyen v. State, 
    1 S.W.3d 694
    , 696–97 (Tex. Crim. App. 1999). According to the
    court in Nguyen, the continuity element requires “something more than a single,
    ad hoc effort” by the 
    defendant. 1 S.W.3d at 697
    . However, this element does not
    require proof that the defendant committed more than one criminal offense. 
    Id. Rather, the
    evidence must show an “intent to form a group to carry on criminal
    activities.” 
    Id. We have
    interpreted Nguyen to mean that it is this showing of intent
    that is determinative in deciding whether or not the continuity element has been met.
    Arredondo v. State, 
    270 S.W.3d 676
    , 683 (Tex. App.—Eastland 2008, no pet.) (“[I]t
    is not the number of criminal actions that is determinative but whether the intent to
    engage in continuous criminal activities was shown.”). In Arredondo, we held that
    the evidence was insufficient to support a conviction of engaging in organized
    criminal activity where a group of individuals at a party acted together to assault a
    minor. 
    Id. at 683–84.
    That case involved “a group of young people gathered
    informally for a party and . . . during the course of their party several people
    individually made poor decisions.” 
    Id. at 683.
                                             10
    The facts of this case are distinguishable from the facts in Arredondo. There
    is ample evidence in the record that indicates that Appellant and his two companions
    were acting with the intent to carry out criminal activities. The main gate to
    Higginbotham’s appeared to be cut with bolt cutters. The stolen truck contained a
    pair of 24-inch HK Porter bolt cutters with a UPC number matching that found on a
    Home Depot receipt found in the Xterra. Investigators found a list of construction
    and lumber companies in the Xterra. The list contained not only the address of
    Higginbotham’s, but the addresses of additional businesses that had been burglarized
    in a similar fashion in the weeks prior to May 19. Therefore, we conclude that the
    evidence in this case showed more than a mere informal gathering of friends who
    made a series of poor decisions. The evidence was sufficient for the trial court to
    infer that Appellant and his two companions planned to burglarize a series of
    hardware stores, made preparations to commit these crimes by purchasing bolt
    cutters from Home Depot, and then initiated their plan by breaking into
    Higginbotham’s on May 19 and stealing at least one truck loaded with roofing
    shingles. We overrule Appellant’s second issue.
    In his first issue, Appellant contends that the trial court erred in denying
    Appellant’s motion to suppress the evidence obtained from the Xterra. We review
    a trial court’s ruling on a motion to suppress for an abuse of discretion. Martinez v.
    State, 
    348 S.W.3d 919
    , 922 (Tex. Crim. App. 2011). In reviewing a ruling on a
    motion to suppress, we apply a bifurcated standard of review. Brodnex v. State, 
    485 S.W.3d 432
    , 436 (Tex. Crim. App. 2016); 
    Martinez, 348 S.W.3d at 922
    –23. We
    afford almost total deference to the trial court’s determination of historical facts and
    of mixed questions of law and fact that turn on the weight or credibility of the
    evidence. 
    Brodnex, 485 S.W.3d at 436
    ; 
    Martinez, 348 S.W.3d at 922
    –23. We
    review de novo the trial court’s determination of pure questions of law and mixed
    11
    questions of law and fact that do not depend on credibility determinations. 
    Brodnex, 485 S.W.3d at 436
    ; 
    Martinez, 348 S.W.3d at 922
    –23.
    Article I, section 9 of the Texas constitution, along with the Fourth
    Amendment to the United States Constitution, protects individuals from
    unreasonable searches and seizures. Guerra v. State, 
    432 S.W.3d 905
    , 911 (Tex.
    Crim. App. 2014). A police officer has reasonable suspicion to detain a person if he
    has specific and articulable facts that, combined with rational inferences from those
    facts, would lead him to reasonably conclude that the person detained is, has been,
    or soon will be engaged in criminal activity. Terry v. Ohio, 
    392 U.S. 1
    , 21–22
    (1968); Crain v. State, 
    315 S.W.3d 43
    , 52 (Tex. Crim. App. 2010). This is an
    objective standard that disregards any subjective intent of the officer in making the
    stop and looks solely to whether the objective basis for the stop exists. Ford v. State,
    
    158 S.W.3d 488
    , 492 (Tex. Crim. App. 2005). “The detaining officer need not
    personally be aware of every fact that objectively supports a reasonable suspicion to
    detain; the cumulative information known to the cooperating officers at the time of
    the stop is to be considered in making the reasonable-suspicion determination.”
    Arguellez v. State, 
    409 S.W.3d 657
    , 663 (Tex. Crim. App. 2013). Whether the
    totality of the circumstances is sufficient to support an officer’s reasonable suspicion
    is a legal question that we review de novo. Madden v. State, 
    242 S.W.3d 504
    , 517
    (Tex. Crim. App. 2007).
    To determine the reasonableness of a Terry stop, an appellate court must
    conduct a two-part inquiry: (1) whether the officer’s action was justified at its
    inception and (2) whether it was reasonably related in scope to the circumstances
    that justified the interference in the first place. 
    Terry, 392 U.S. at 19
    –20; Davis v.
    State, 
    947 S.W.2d 240
    , 242 (Tex. Crim. App. 1997). In relation to the first inquiry,
    Appellant argues that the initial traffic stop of the Xterra was unreasonable because
    no reasonable officer would have suspected that criminal activity was either taking
    12
    place or about to take place. We begin by noting that it is undisputed that the Xterra
    was speeding down Highway 183 when it was first observed by Officer Elting. A
    traffic violation, such as speeding, constitutes sufficient reasonable suspicion to
    detain a suspect. See Walter v. State, 
    28 S.W.3d 538
    , 543 (Tex. Crim. App. 2000).
    Appellant, however, repeatedly asserts that no traffic violation was committed at the
    time the Xterra was stopped.
    Whether a traffic stop is made within a reasonable time and distance after the
    alleged traffic violation is a factor to be considered when determining the
    reasonableness of the stop. State v. Dixon, 
    151 S.W.3d 271
    , 274 (Tex. App.—
    Texarkana 2004), aff’d, 
    206 S.W.3d 587
    (Tex. Crim. App. 2006). In Dixon, a traffic
    stop was invalidated because the officer followed the defendant for 3.2 miles after
    the alleged traffic violation occurred before making the stop. 
    Id. at 275.
    In that case,
    it was noted that “nothing would have prevented an earlier stop.” 
    Id. That is
    not the
    case here. In this case, the detaining officer was faced with two vehicles that were
    committing traffic violations. Officer Elting reasonably concluded that the truck
    created the greater safety concern because it was driving on a highway after dark
    with no headlights. The delay in stopping the Xterra was attributed entirely to
    Officer Elting’s need to stop the truck and, later, to pursue the driver.
    Moreover, Officer Elting had reasonable suspicion to believe that the Xterra
    was driven to East Ross Street for the purpose of picking up the driver of the truck.
    Appellant contends that the Xterra was stopped merely for being in a “suspicious
    place” and that this, alone, is not enough to constitute reasonable suspicion. While
    things such as the time of day and the level of criminal activity in the area are factors
    that can be considered when determining reasonable suspicion, these things alone
    are not sufficient to justify a Terry stop. 
    Brodnex, 485 S.W.3d at 437
    –38; 
    Crain, 315 S.W.3d at 53
    . “[C]ourts generally require an additional fact or facts particular
    13
    to the suspect’s behavior to justify a suspicion of criminal activity.” Klare v. State,
    
    76 S.W.3d 68
    , 75 (Tex. App.—Houston [14th Dist.] 2002, pet. ref’d).
    Here, the following actions taken by the driver of the Xterra justified a
    particularized suspicion of criminal activity: (1) the Xterra appeared to be traveling
    in close proximity to the stolen Higginbotham’s truck; (2) the Xterra remained
    stopped at the intersection of Highway 183 and Highway 36 for a long period of time
    after Officer Elting passed it, despite the fact that there was no traffic at that time;
    and (3) the Xterra turned around and went to the same spot where Officer Elting
    believed that the driver of the truck ran. While Appellant contends that there was an
    innocent explanation for all of these actions, whether Appellant’s conduct is “as
    consistent with innocent activity as with criminal activity” is not the proper inquiry.
    Woods v. State, 
    956 S.W.2d 33
    , 37–38 (Tex. Crim. App. 1997). In fact, the primary
    purpose of a Terry stop is to clear up this very ambiguity in a suspect’s actions and
    determine if the activity is innocent or criminal. Leming v. State, 
    493 S.W.3d 562
    ,
    565 (Tex. Crim. App. 2016). Viewing the totality of the objective facts available to
    Officer Elting at the time the stop was made, we conclude that the initial traffic stop
    of the Xterra was supported by reasonable suspicion.
    Appellant next argues that, even if the initial stop was supported by reasonable
    suspicion, the detention was unreasonably prolonged in violation of the second
    prong of Terry’s two-part test. An investigative stop can last no longer than
    necessary to effect the purpose of the stop. Florida v. Royer, 
    460 U.S. 491
    , 500
    (1983); Parker v. State, 
    297 S.W.3d 803
    , 810 (Tex. App.—Eastland 2009, pet.
    ref’d). Generally, once a background check has been completed and “the officer
    knows that this driver has a currently valid license, no outstanding warrants, and the
    car is not stolen, . . . the traffic-stop investigation is fully resolved.” Kothe v. State,
    
    152 S.W.3d 54
    , 63–64 (Tex. Crim. App. 2004).
    14
    Appellant first contends that Officer Elting unreasonably extended the length
    of the stop by asking a series of questions unrelated to the purpose of the stop, for
    approximately fifteen minutes, before initiating the background checks.           We
    disagree. Officer Elting was not required to initiate the background checks before
    asking Appellant questions. 
    Id. at 65
    (“[N]either the Fourth Amendment nor the
    Supreme Court dictate that an officer making a Terry traffic stop must investigate
    the situation in a particular order.”). Moreover, Officer Elting’s questions were not
    unrelated to the purpose of the initial stop. In fact, Officer Elting’s questions were
    directly related to his reasonable suspicion, discussed above, that the Xterra was
    traveling with the truck.
    Appellant next contends that Officer Elting unreasonably extended the length
    of the detention when he held Appellant after the background checks were returned
    with no arrest warrants, despite the fact that Officer Elting could connect neither
    Appellant nor his companions to the Higginbotham’s truck. We disagree for two
    reasons.
    First, we are not bound by Officer Elting’s subjective belief that reasonable
    suspicion did not exist if there are objective facts in the record that justify the
    continued detention. 
    Ford, 158 S.W.3d at 492
    . The record indicates that Appellant
    had scratches on his arms, was sweating, and was breathing heavily—consistent with
    what one would expect to find on a person who has recently been running through
    an area containing brush and trees. Additionally, shortly after the background
    checks came back, Officer Elting received information from Deputy Yarbrough
    about the memorandum from the Abilene Police Department. The memorandum
    indicated that three Hispanic males driving a light-colored SUV were suspected of
    being involved in the theft of trucks loaded with roofing shingles. Information
    linking Appellant to another crime can constitute reasonable suspicion. See 
    Kothe, 152 S.W.3d at 66
    (detaining officer received additional information from dispatch
    15
    about the defendant’s possible involvement in a crime just as the officer was about
    to release him). Given these facts, a reasonable officer could have continued to
    suspect that the occupants of the Xterra had been involved in the theft of the
    Higginbotham’s truck and that they had recently picked up Appellant, who could
    have been the driver of the truck.         Therefore, it was not unreasonable for
    Officer Elting to continue to detain Appellant in order to confirm or deny these
    suspicions.
    Second, it is undisputed that, while Appellant’s background check came back
    clean, neither Appellant nor his companions were able to produce a valid driver’s
    license. A routine check to determine whether any of the suspects had a valid
    driver’s license was not only reasonable, but was in accordance with a general law
    enforcement purpose of maintaining traffic safety and security. See 
    Kothe, 152 S.W.3d at 64
    n.36. As such, a traffic investigation is not fully resolved until the
    officer is satisfied that the “driver has a currently valid license.” 
    Id. at 63.
    Here,
    neither Appellant nor his companions had a valid driver’s license. Therefore,
    Officer Elting was not required to allow them to drive away in the Xterra.
    Appellant’s first issue is overruled.
    This Court’s Ruling
    We affirm the judgments of the trial court.
    JOHN M. BAILEY
    JUSTICE
    November 30, 2016
    Do not publish. See TEX. R. APP. P. 47.2(b).
    Panel consists of: Wright, C.J.,
    Willson, J., and Bailey, J.
    16