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whether probable cause existed to make a air conditioning. Id. at 366. On the other hand,
warrantless arrest. The onlyquestion under Article Appellee’s vehicle was seen in the middle of the
14.01(b) is whether the facts, circumstances, and day parked in a moving lane of traffic where the
reasonablytrustworthy information known to the school pickup line had recently begun to form, she
officer at the time of arrest would have allowed a was asleep at the wheel in the driver’s seat, which
prudent person to conclude that an individual was not reclined, and she had no explanation for
committed or was committing a criminal why she was asleep in her vehicle.
offense. Also, critically, probable cause
assessments are based on probabilities and Last, Appellee argues that the trial court’s findings
common sense. Appellee’s interpretation of the of fact are supported by the record, but that the
record stretches credulity. State ignores the findings and its conclusion that
probable cause existed. However, Appellee does
Appellee also argues that “[t]here is nothing in the not point to any particular finding that the State
record to suggest the proximityof any vehicle to ignores, and we have found none. Whether
another.” However, Fajkus expressly testified that probable cause existed is a mixed question of law
the line was bumper-to-bumper and that there were and fact that does not turn on credibility and
vehicles in front and behind Appellee’s. Fajkus also demeanor. We understand the State to
saidthat the vehicles were “stacked up pretty nice.” argue that, even when the evidence is viewed in
With respect to Appellee’s argument that the light most favorable to the trial
the evidence does not show that the pickup line court’s ruling, we should conclude on de novo
began to form about 15 minutes before review that the facts permitted a prudent
Appellee was found, we agree that the evidence person to conclude that Appellee had recently
does not directly show that, but it is a operated her vehicle in a public place while
reasonable deduction. Luce said that most years intoxicated.
the line usually began to form around 3:00 p.m.,
but in 2019, the line began to form, “goodness,
before 3:00 o’clock,” becauseof overcrowding in CONCLUSION
the school. Luce did not say exactly how long
before 3:00 p.m. thepickup line began to form, but Because we conclude that Officer Brasuell had
probable cause to arrest Appellee for DWI, we
it would be reasonable to infer based on the reverse the judgment of the court of appeals and
context of hertestimony that it was probably shortly vacate the ruling of the trial
before 3:00 p.m.
court granting the motion to suppress. This case is
Appellee agrees with the court of appeals in finding remanded to the trial court for further
that Allocca controls. According to her, other than proceedings.
Appellee being found asleep behind the wheel of
State v. Espinosa, No. PD-0276-22, Tex. Crim.
her vehicle, with the engine running, in a moving App., Apr. 12, 2023
lane of traffic, there was no other indication
that she had recently operated her vehicle. Allocca
does not control. This Court has never
adopted the court of appeals’ reasoning, and it is
distinguishable. In Allocca, the appellee’s vehicle
was legally parked in a parking spot with the
engine running, and he was found sleeping in his
vehicle with the driver’s seat reclined at
1:45 a.m. in the morning. Allocca, 301 S.W.3d at
371. The appellee testified that he woke
up and was hot, so he started the vehicle to use the

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