State of Texas v. Mechler, Matthew Reid ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0075-04

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THE STATE OF TEXAS

v.

MATTHEW REID MECHLER, Appellee

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ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS FORT BEND COUNTY

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   Meyers, J., filed a concurring opinion.

CONCURRING OPINION

I agree with the majority that the court of appeals erred in failing to review this case for an abuse of discretion. I also agree with the holding that the trial court erred in suppressing the intoxilyzer results, but I reach this conclusion for a different reason than the majority.

The majority states that the court of appeals erred in conducting a de novo review, however, the majority makes the same mistake by conducting a Rule 403 analysis. As Judge Cochran states in her concurring opinion, there are factors that develop at trial that must be considered in a Rule 403 analysis. Therefore, a pretrial hearing is not appropriate in this situation. Because the majority is essentially conducting a de novo pretrial Rule 403 analysis, I cannot join the opinion and concur only in the result.

Meyers, J.

Filed: January 12, 2005

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