The State of Texas v. Maria Del Sol Lozada Miranda
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledSeptember 30, 2026
Docket10-26-00142-CR
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00142-CR
The State of Texas,
Appellant
v.
Maria Del Sol Lozada Miranda,
Appellee
On appeal from the
County Court at Law No. 2 of Ellis County, Texas
Judge A. Gene Calvert, Jr., presiding
Trial Court Cause No. 2511770
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Maria Del Sol Lozada Miranda was charged with the misdemeanor
offense of driving while intoxicated, a second offense. She filed a motion to
suppress any evidence that was “seized or obtained.” After a hearing, the trial
court denied the motion. But while preparing its findings of fact and
conclusions of law, the trial court reconsidered its oral ruling and granted
Miranda’s motion. Because the trial court abused its discretion in granting the
motion to suppress, we reverse and remand this case to the trial court for
further proceedings.
BACKGROUND
Miranda was driving on I-35 at around 1:00 a.m. when an officer with
the City of Waxahachie, Texas Police Department ran her license plate. The
officer discovered that Miranda’s registration had been expired for five months.
He decided to pull her over. In the process of stopping her, the officer noticed
some erratic driving issues. After he stopped and contacted Miranda, the
officer noticed her glassy eyes and halted speech. The officer asked Miranda
to perform some field sobriety tests, and after her completion of those tests, the
officer arrested her.
Miranda filed a motion to suppress raising generic issues of illegal
detention/search and seizure, illegal custodial interrogation, denial of counsel,
and lack of consent for her detention, search, or arrest. She asserted nothing
specific to her case in these claims. At the hearing, the trial court asked
Miranda’s counsel what issues would be addressed. Counsel replied that
Miranda would contest the probable cause for the arrest and the HGN
intoxication field test. The trial court repeated the issues to the State:
So, State, as I understand it, primary issue is going to be related
to probable cause for the arrest, and included in that is going to be
that suppression of the clues relating to HGN testing. Are you
prepared to go forward on that? (Emphasis added).
State v. Miranda Page 2
The State was ready to proceed on those issues.
The hearing consisted of questions by both sides about the officer’s
reasons for the DWI arrest and whether he performed the HGN test correctly.
At the end of the hearing, the trial court orally denied Miranda’s motion and
determined that the jury could consider all of the officer’s observations because
the complaints Miranda raised applied to the weight of the evidence, not its
admissibility. 1 However, in its “Findings of Fact, Conclusions of Law and
Ruling on Defendant’s Motion to Suppress,” the trial court reversed its decision
and granted Miranda’s motion to suppress due to the State’s failure to prove
that the officer had stopped Miranda within the Waxahachie city “limits or
boundaries.”
MOTION TO SUPPRESS
In its sole issue on appeal, the State asserts that the trial court erred by
granting Miranda’s motion to suppress on a theory not raised by her in her
motion or at the hearing. 2 We agree with the State.
We review a trial court's ruling on a motion to suppress for an abuse of
discretion under a bifurcated standard of review. State v. Torres, 666 S.W.3d
1
The trial court initially determined that although the motion was denied, the officer could not testify
about the contested clues of the HGN test. After additional discussion, the court reversed its decision
on the HGN clues.
2
Miranda did not provide a brief to the Court in this appeal.
State v. Miranda Page 3
735, 740 (Tex. Crim. App. 2023). While we afford almost total deference to the
trial court's determination of historical facts and the trial court's rulings on
mixed questions of law and fact, especially when those determinations are
based on an assessment of credibility and demeanor, we review pure questions
of law as well as mixed questions of law and fact that do not turn on an
assessment of credibility and demeanor de novo. Id. at 740-741. Because there
are no credibility or demeanor determinations to be assessed for this issue, we
conduct a de novo review.
The reason for the ruling by the trial court in this case was not an issue
raised or contested by Miranda in her motion to suppress or at the hearing. In
this context, we agree with the Dallas Court of Appeals and its supporting
authorities when it held:
The State has no burden at a pretrial hearing on a motion to
suppress until the defendant alleges a theory of suppression on
which the State bears the burden of proof. State v. Esparza, 413
S.W.3d 81, 87-88 (Tex. Crim. App. 2013). Although a trial court's
ruling will be upheld on appeal if it is correct under any theory of
law applicable to the case, unalleged theories on which the State
would have a burden of proof are not "applicable to the case" and
do not support affirmation of the ruling. Esparza, 413 S.W.3d at
90); see also State v. Castanedanieto, 607 S.W.3d 315, 329-30 (Tex.
Crim. App. 2020).
State v. Patel, 629 S.W.3d 759, 764-765 (Tex. App.—Dallas 2021, no pet.)
(internal parentheticals omitted).
Here, Miranda filed a generic motion to suppress. Nothing in it
State v. Miranda Page 4
suggested that the officer was outside his jurisdiction and thus had no
authority to make the initial stop. At the hearing, the trial court asked
Miranda about the issues to be addressed and confirmed that the State was
ready to address the two issues specifically raised by Miranda. Neither of those
issues concerned the officer’s authority to stop Miranda’s vehicle. Further,
neither the State nor Miranda asked the officer any questions regarding the
stop other than brief questions about his reasons for doing so. Nothing was
asked or argued later about whether the location of the stop was inside or
outside the city limits.
Thus, the State had no notice that the trial court would decide the motion
to suppress based on whether the location of the stop occurred within the city
limits or boundaries of the City of Waxahachie. As a result, the State's burden
of production and persuasion with respect to such issue was never triggered.
See State v. Castanedanieto, 607 S.W.3d 315, 330 (Tex. Crim. App. 2020); State
v. Esparza, 413 S.W.3d 81, 87-88, 90 (Tex. Crim. App. 2013); State v. Patel, 629
S.W.3d 759, 765 (Tex. App.—Dallas 2021, no pet.). See also State v. Lujan, No.
08-17-00036-CR, 2018 Tex. App. Lexis 7950, *25-35 (Tex. App.—El Paso, Sept.
28, 2018) (not designated for publication), aff’d, 634 S.W.3d 862, 871 (Tex.
Crim. App. 2021). Further, the State never had an adequate opportunity to
develop a complete factual record regarding the trial court’s theory of
State v. Miranda Page 5
suppression. See Esparza, 413 S.W.3d at 90; Patel, 629 S.W.3d at 765. Thus,
the trial court abused its discretion in granting Miranda’s motion to suppress,
because the theory relied on by the trial court did not provide a proper legal
basis upon which to suppress all the evidence of intoxication in this case.
CONCLUSION
Accordingly, we sustain the State's sole issue, reverse the trial court’s
order granting Miranda’s motion to suppress and suppressing all the evidence
of intoxication obtained as a result of the traffic stop, and remand this case to
the trial court for further proceedings.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: September 30, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Reversed and remanded
Do Not Publish
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