Bell v. State (2005)

In Bell v. State, No. 2-04-287-CR, 2005 WL 503647 (Tex. App.--Fort Worth March 3, 2005, pet. ref'd) (mem. op., not designated for publication), the defendant was stopped after an officer watched her car weave in and out of its lane of traffic while following closely behind a U-Haul truck. The court of appeals upheld the trial court's denial of her request for an Tex. Code Crim. Proc. article 38.23 instruction, noting that she did not contest the existence or nature of the evidence underlying the officer's decision to stop her, she merely challenged whether the circumstances he observed authorized the stop. Because only the effect of the underlying facts was disputed, the court of appeals held that the defendant was not entitled to an article 38.23 jury instruction. Id.