Romo v. State, 577 S.W.2d 251 (Tex. Crim. App. 1979). · Go Syfert
Romo v. State, 577 S.W.2d 251 (Tex. Crim. App. 1979). Cases Citing This Book View Copy Cite
213 citation events (100 in the last 25 years) across 10 distinct courts.
Strongest positive: White, Brian Jason (texcrimapp, 2018-06-13)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) White, Brian Jason
Tex. Crim. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a judge is often not in a position to decide on the admissibility of evidence prior to the beginning of trial.
discussed Cited as authority (quoted) White, Brian Jason
Tex. Crim. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a judge is often not in a position to decide on the admissibility of evidence prior to the beginning of trial.
cited Cited as authority (rule) Curtis Wayne Robertson v. State
Tex. App. · 2019 · confidence medium
Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App. [Panel Op.] 1979).
examined Cited as authority (rule) Marlene Cook v. State (4×)
Tex. App. · 2016 · confidence medium
Romo v. State, 577 S.W.2d 251, 253 (Tex. Crim.
discussed Cited as authority (rule) Kanubhai A. Patel v. State
Tex. Crim. App. · 2015 · confidence medium
Gallups v. State, 151 S.W.3d 196, 201 (Tex.Crim.App. 2004) (citing Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App. 1979)); see also Perez v. State, No. 10-09-00022, 23, 24-CR, 2010 WL 3342009 , at *3 (Tex.App. – Waco Aug. 25, 2010, no pet.) (mem. op., not designated for publication) (“DWI is a breach of the peace.”).
discussed Cited as authority (rule) James Embry May II v. State
Tex. App. · 2014 · signal: cf. · confidence medium
Cf. Romo v. State, 577 S.W.2d 251, 253 (Tex. Crim.
cited Cited as authority (rule) Thomas Frank Cherry, Jr. v. State
Tex. App. · 2009 · confidence medium
App. 2003); Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Thomas Frank Cherry, Jr. v. State
Tex. App. · 2009 · confidence medium
App. 2003); Romo v. State, 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Anthony James Perez v. State
Tex. App. · 2009 · confidence medium
App. 2003); Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Anthony James Perez v. State
Tex. App. · 2009 · confidence medium
App. 2003); Romo v. State, 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Jerry Dale Morgan v. State
Tex. App. · 2009 · confidence medium
Gallups v. State , 151 S.W.3d 196, 201 (Tex.Crim.App. 2004); Romo v. State , 577 S.W.2d 251, 253 (Tex.Crim.App. 1979).
cited Cited as authority (rule) Jerry Dale Morgan v. State
Tex. App. · 2009 · confidence medium
Gallups v. State , 151 S.W.3d 196, 201 (Tex.Crim.App. 2004); Romo v. State , 577 S.W.2d 251, 253 (Tex.Crim.App. 1979).
cited Cited as authority (rule) Jerry Dale Morgan v. State
Tex. App. · 2009 · confidence medium
Gallups v. State, 151 S.W.3d 196, 201 (Tex.Crim.App. 2004); Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App. 1979).
discussed Cited as authority (rule) Jose Acevedo v. State
Tex. App. · 2008 · confidence medium
Miles , 241 S.W.3d at 41 , citing Heck v. State , 507 S.W.2d 737, 740 (Tex.Crim.App. 1974)("Being drunk in a public place is a breach of the peace."); Romo v. State , 577 S.W.2d 251, 252-53 (Tex.Crim.App. 1979)(driving while intoxicated is a breach of the peace); McEathron v. State , 163 Tex.Crim. 619, 621 , 294 S.W.2d 822, 823 (1956)(drunkenness and driving while intoxicated are breaches of the public peace).
discussed Cited as authority (rule) Jose Acevedo v. State
Tex. App. · 2008 · confidence medium
Miles, 241 S.W.3d at 41 , citing Heck v. State, 507 S.W.2d 737, 740 (Tex.Crim.App. 1974)(“Being drunk in a public place is a breach of the peace.”); Romo v. State, 577 S.W.2d 251, 252-53 (Tex.Crim.App. 1979)(driving while intoxicated is a breach of the peace); McEathron v. State, 163 Tex.Crim. 619, 621 , 294 S.W.2d 822, 823 (1956)(drunkenness and driving while intoxicated are breaches of the public peace).
examined Cited as authority (rule) Miles v. State (4×) also: Cited "see", Cited "see, e.g."
Tex. Crim. App. · 2007 · confidence medium
Romo v. State, 577 S.W.2d 251, 252-53 (Tex.Crim.App.1979); McEathron v. State, 163 Tex.Crim. 619, 621 , 294 S.W.2d 822, 823 (1956). . 163 Tex.Crim. 619 , 294 S.W.2d 822 (1956). .
discussed Cited as authority (rule) Miles, Lawrence Preston (2×)
Tex. Crim. App. · 2007 · confidence medium
Romo v. State , 577 S.W.2d 251, 252-53 (Tex. Crim.
cited Cited as authority (rule) Elisa Giles v. State
Tex. App. · 2007 · confidence medium
Gallups , 151 S.W.3d at 201 (citing Romo v. State , 577 S.W.2d 251, 253 (Tex. Crim.
cited Cited as authority (rule) Gerardo Buentello v. State
Tex. App. · 2007 · confidence medium
Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
discussed Cited as authority (rule) Yanez v. State
Tex. App. · 2006 · confidence medium
Benavides v. State, 763 S.W.2d 587, 590 (Tex.App.-Corpus Christi 1988, pet. ref'd) (citing Cook v. State, 741 S.W.2d 928, 939 (Tex.Crim.App.1987); Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App. 1979); Witherspoon v. State, 486 S.W.2d 953, 955-56 (Tex.Crim.App.1972)). 7 .
discussed Cited as authority (rule) Yanez v. State
Tex. App. · 2006 · confidence medium
Benavides v. State, 763 S.W.2d 587, 590 (Tex.App.-Corpus Christi *733 1988, pet. ref'd) (citing Cook v. State, 741 S.W.2d 928, 939 (Tex.Crim.App.1987); Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App.1979); Witherspoon v. State, 486 S.W.2d 953, 955-56 (Tex.Crim.App.1972)). 7 .
cited Cited as authority (rule) Lorrie Annette Valentich v. State
Tex. App. · 2005 · confidence medium
App. 2004); Romo v. State , 577 S.W.2d 251, 253 (Tex. Crim.
cited Cited as authority (rule) Lorrie Annette Valentich v. State
Tex. App. · 2005 · confidence medium
App. 2004); Romo v. State , 577 S.W.2d 251, 253 (Tex. Crim.
discussed Cited as authority (rule) Taylor v. State
Tex. App. · 2004 · confidence medium
Similarly, in Romo v. State, the court held that an out-of-jurisdiction stop was proper in a case in which the defendant was driving erratically and at a high rate of speed. 577 S.W.2d 251, 252-53 (Tex.Crim.App.1979).
discussed Cited as authority (rule) Steven Taylor v. State
Tex. App. · 2004 · confidence medium
Similarly, in Romo v. State , the court held that an out-of-jurisdiction stop was proper in a case in which the defendant was driving erratically and at a high rate of speed. 577 S.W.2d 251, 252-53 (Tex. Crim.
cited Cited as authority (rule) State of Arizona v. Max Valencia Chavez
Ariz. Ct. App. · 2004 · confidence medium
App. Ct. 1994); Commonwealth v. Gorman, 192 N.E. 618, 620 (Mass. 1934); City of Troy v. Cummins, 159 N.E.2d 239, 242 (Ohio Ct. 5 App. 1958 ); Romo v. State, 577 S.W.2d 251, 253 (Tex. Crim.
discussed Cited as authority (rule) State v. Chavez
Ariz. Ct. App. · 2004 · confidence medium
E.g., Edwards v. State, 462 So.2d 581, 582 (Fla.Dist.Ct.App.1985); People v. Niedzwiedz, 268 Ill.App.3d 119 , 205 Ill.Dec. 837 , 644 N.E.2d 53, 55 (1994); Commonwealth v. *609 Gorman, 288 Mass. 294 , 192 N.E. 618, 620 (1934); City of Troy v. Cummins, 107 Ohio App. 318 , 159 N.E .2d 239, 242 (1958); Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App.1979); State ex rel.
cited Cited as authority (rule) Roberto Gonzales v. State
Tex. App. · 2003 · confidence medium
App. 1997); Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Roberto Gonzales v. State
Tex. App. · 2003 · confidence medium
App. 1997); Romo v. State, 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Taylor, H. B., Jr. v. Brigham Oil & Gas, L. P., Brigham Land Management, Veritas Gephysical, LTD.
Tex. App. · 2002 · confidence medium
Gallups v. State , 151 S.W.3d 196, 201 (Tex.Crim.App. 2004); Romo v. State , 577 S.W.2d 251, 253 (Tex.Crim.App. 1979).
discussed Cited as authority (rule) Yeager v. State (2×)
Tex. App. · 2000 · confidence medium
Ann. art 14.01(a); Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.
examined Cited as authority (rule) Mileah Gill Jordan v. State (3×) also: Cited "see"
Tex. App. · 2000 · confidence medium
App. 1986) (officer observed symptoms of intoxication in driver in one-car accident); Romo v. State , 577 S.W.2d 251, 253 (Tex. Crim.
cited Cited as authority (rule) Anaya, Louis v. State
Tex. App. · 1999 · confidence medium
Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Tracie Blankenship v. State
Tex. App. · 1999 · confidence medium
Romo v. State , 577 S.W.2d 251, 253 (Tex. Crim.
cited Cited as authority (rule) Cooper v. State
Tex. App. · 1997 · confidence medium
Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App.1979); McGuire v. State, 847 S.W.2d 684, 686 (Tex.App.—Houston [1st Dist.] 1993, no pet.).
cited Cited as authority (rule) State v. Nailor
Tex. App. · 1997 · confidence medium
Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App.1979).
cited Cited as authority (rule) Trent v. State
Tex. App. · 1996 · confidence medium
Romo v. State, 577 S.W.2d 251, 253 (Tex.Crim.App.1979); Heck, 507 S.W.2d at 740 .
cited Cited as authority (rule) Jess Hightower v. State
Tex. App. · 1996 · confidence medium
Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Phillip Lawrence Alexander v. State
Tex. App. · 1995 · confidence medium
Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
discussed Cited as authority (rule) Perkins v. State
Tex. App. · 1994 · confidence medium
However, because the mere granting of a motion in limine cannot constitute reversible error, Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App. [Panel Op.] 1979), Perkins appears in his argument to be complaining about the restriction on the cross-examination of Martin at trial.
cited Cited as authority (rule) Perea v. State
Tex. App. · 1994 · confidence medium
Cook v. State, 741 S.W.2d 928, 939 (Tex.Cr.App.1987); Romo v. State, 577 S.W.2d 251, 252 (Tex.Cr.App.1979); Benavides v. State, 763 S.W.2d 587, 590 (Tex.App.—Corpus Christi 1988, pet. ref'd).
discussed Cited as authority (rule) Chapman v. State (2×)
Tex. App. · 1993 · confidence medium
Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App.1979); Rogers v. State, 795 S.W.2d 300, 307 (Tex.App.-Houston [1st Dist.] 1990, pet. ref'd).
cited Cited as authority (rule) Raymond W. Sullivan v. State
Tex. App. · 1993 · confidence medium
Romo v. State , 577 S.W.2d 251, 252 (Tex. Crim.
discussed Cited as authority (rule) Wilson v. State
Tex. App. · 1993 · confidence medium
Webb v. State, 760 S.W.2d 263, 275 (Tex.Crim.App.1988), cert. denied, 491 U.S. 910 , 109 S.Ct. 3202 , 105 L.Ed.2d 709 (1989); Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App.1979); Tex. R.App.P. 52(a).
cited Cited as authority (rule) Knot v. State
Tex. App. · 1993 · confidence medium
Art. 14.01(a); Romo v. State, 577 S.W.2d 251, 253 (Tex.Cr.App.1979).
cited Cited as authority (rule) Juhasz v. State
Tex. App. · 1992 · confidence medium
Romo v. State, 577 S.W.2d 251, 252 (Tex.Crim.App.1979); Ransom v. State, 630 S.W.2d 904, 907 (Tex.App.—Amarillo 1982, no pet.).
cited Cited as authority (rule) Jerome Ford v. State
Tex. App. · 1992 · confidence medium
App. 1983), cert. denied , 468 U.S. 1220 (1984); Romero v. State , 577 S.W.2d 251, 252 (Tex. Crim.
cited Cited as authority (rule) Reichaert v. State
Tex. App. · 1992 · confidence medium
Romo, 577 S.W.2d at 252 (emphasis added).
discussed Cited as authority (rule) Goss v. State (2×)
Tex. Crim. App. · 1992 · confidence medium
Romo v. State, 577 S.W.2d 251, at 252 (Tex.Cr.App.1979); J.P.
discussed Cited as authority (rule) State v. Stevens
Conn. App. Ct. · 1992 · confidence medium
App. 3d 721, 724-25 , 471 N.E.2d 578 (1984); Windschitl v. Commissioner of Public Safety, supra, 149 (blood test); State Department of Public Safety v. Juncewski, supra, 321 (preliminary screening test); State v. Littlewind, supra, 363-64 (intoxilyzer test); Romo v. State, 577 S.W.2d 251, 252 (Tex. Crim.
Domingo ROMO, Appellant,
v.
the STATE of Texas, Appellee
57556.
Court of Criminal Appeals of Texas.
Feb 21, 1979.
577 S.W.2d 251
1979 Tex. Crim. App. LEXIS 1281
Larry E. Glazner, Lubbock, for appellant., Alton R. Griffin, Dist. Atty., and John C. Kilpatrick, Asst. Dist. Atty., Lubbock, for the State.
Dally, Davis, Clinton.
Cited by 156 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Court of Criminal Appeals of T… (1)

OPINION

CLINTON, Judge.

Appellant was convicted of the offense of driving while intoxicated, and punishment was assessed at ten days and $150.00 fine. Four grounds of error are raised on appeal.

In three grounds of error appellant contends that the trial court erred by refusing to grant a motion for mistrial based on the admission of evidence about a breathalyzer test. Appellant’s counsel filed a pre-trial motion in limine requesting that the trial court restrict the State from making “[a]ny reference to breathlizer (sic) tests, broad (sic) alcohol (sic) levels, or other such evidence unless same is presented by a duly qualified and certified chemist and breath[*252] test administrator.” The motion was denied by the trial court. During jury voir dire the prosecutor made several references to a breathalyzer test, but no objections were made by appellant. Officer Danny Smith of the Department of Public Safety testified that he administered a breathalyzer test to appellant, and he gave the results of the examination. He did not testify that he was certified by the Department of Public Safety to administer breathalyzer tests. He did not testify that he understood the theory of the machine, that he was qualified to or did check the compounded chemicals in the breathalyzer used in the examination, or that he was qualified to calculate and translate a reading of the machine. However, appellant made no objection to Officer Smith’s testimony. After both sides rested, appellant’s counsel made a motion for mistrial based on the introduction of the breathalyzer testimony.

It is clear that the State failed to prove the necessary predicate for introduction of the breathalyzer test. Cody v. State, 548 S.W.2d 401 (Tex.Cr.App.1977); Hill v. State, 158 Tex.Cr.R. 313, 256 S.W.2d 93 (1953). However, reliance on a motion in limine will not preserve error. A defendant must object on the proper grounds when the evidence is offered at trial. Harrington v. State, 547 S.W.2d 616 (Tex.Cr.App.1977); Lopez v. State, 535 S.W.2d 643 (Tex.Cr.App.1976). The reason for this rule is that a judge is often not in a position to decide on the admissibility of evidence prior to the beginning of trial. This is particularly true when the objection is based on grounds such as the failure to prove a proper predicate. Counsel could ask in the motion in limine that before a suspect area is entered into at trial, the opposing counsel be required to approach the bench and inform the court so that the jury may be excluded. By that procedure the evidence may be challenged at the proper time without risk of prejudicing the jury. Whatever the procedure chosen, defense counsel must object before the evidence is admitted during trial in order to properly call the court’s attention to the matter and preserve the error for appeal.

Grounds of error number one, two, and three are overruled. [1]

In his fourth ground appellant contends that the trial court erred in receiving evidence resulting from an illegal arrest. The record reflects that Joe Weatherford, who originally detained appellant on the “Slay-ton Highway” two miles outside the city limits of Lubbock, was an employee of the Lubbock County Water Control. Weather-ford was a member of the Buffalo Springs Lake Patrol, and he admitted on cross-examination that his jurisdiction did not extend beyond the lake patrol area of Buffalo Lake.

On direct examination Weatherford testified that he was driving to work on Avenue A in Lubbock when he encountered appellant, who was driving “erratically” and at a high rate of speed. Appellant approached Weatherford from the rear, and then passed in a way that forced Weatherford’s car into the curb in order to avoid an accident. Weatherford radioed the Sheriff’s Office and asked them to contact the Lubbock Police Department. He continued to follow appellant and clocked appellant’s car at 70 miles an hour in a 55 mile an hour zone. Appellant’s car was weaving across the center lane and on to the shoulder of the road.

At that point appellant had reached the Slayton Highway, and Weatherford radioed the Department of Public Safety. He was put in contact with Trooper Smith who was in the area. Smith advised Weatherford to “stay with the vehicle until he could get up there.” Weatherford followed appellant for about two miles and clocked the car at 90 miles an hour. Trooper Smith radioed back that he was caught in traffic, and he instructed Weatherford “in order to avoid an accident or anything, to go ahead and stop the subject at the time.” Weatherford turned on the red lights on his vehicle, and appellant pulled his car over. Weatherford[*253] noticed that appellant smelled strongly of alcohol, staggered when he walked, had to lean against the car, and had red and bloodshot eyes. Weatherford again spoke to Trooper Smith who advised him to remain with appellant until Smith could arrive. Weatherford took appellant’s driver’s license, and Trooper Smith arrived at the scene after a few minutes.

The issue is whether Weatherford had authority to arrest appellant. We conclude that he was so authorized. First, “[a] citizen other than a police officer may make an arrest without a warrant for a misdemeanor offense when it is a breach of the peace.” Heck v. State, 507 S.W.2d 737 (Tex.Cr.App.1974); Article 14.01(a), Vernon’s C.C.P.; McEathron v. State, 163 Tex.Cr.R. 619, 294 S.W.2d 822 (1956). We have held that being drunk in a public place is a breach of the peace. Heck v. State, supra. Under the prior code, which contained the language “offense against the public peace,” we held that a citizen could arrest under facts very similar to these. McEath-ron v. State, supra. We hold that appellant was committing a breach of the peace and that Weatherford was authorized to arrest.

Ground of error number four is overruled.

For these reasons the judgment is affirmed.

1

. We also observe that the jury was not instructed concerning the statutory presumption of Article 67011-5, V.A.C.S.