There were no outstanding warrants for appellant. The vehicle registration information was in good order. During the hearing on appellant’s pretrial motion to suppress, Goodman testified that appellant’s driver’s license was clear and valid, as was the proof of insurance. He also checked the vehicle registration information. The officer inquired, “Have you ever been in trouble with the law or anything?” Appellant replied, “Uh, not in quite some time.” The officer asked appellant “hen was the last time,” and appellant replied, “Eight, nine years ago.” Goodman asked if it was for “nything serious,” to –2– which appellant said, “Not too serious.” The body camera video shows Officer Goodman walking back to his patrol car and asking Whitesboro dispatch to check appellant’s driver’s license, criminal history, and search for outstanding warrants. The officer asked, “So, uh, whereabouts are you living now?” Appellant replied, “Right now I was just actually staying in Austin Ranch, over in The Colony.” Goodman asked appellant if he was heading to Colorado now, and appellant said he was. ![]() The officer then quickly added, “I’m not going to give you a ticket for a tag light or anything, no, nothing like that.” He asked appellant, “So what brings you down to Texas?” Appellant said he was “pretty much from Texas,” that he “grew up here,” that his “brother is from here,” and that he was “cutting out of here” and “going on vacation.” The officer asked appellant where he was going on vacation, and appellant said he going to visit some family in Colorado, then going to Las Vegas. Appellant asked why he had been pulled over, and the officer said he had a “tag light out.” The officer asked appellant if he knew that, and appellant said he did not. Appellant complied, producing a Colorado driver’s license as identification. About thirty seconds after initiating the stop, Goodman approached the driver’s side door of the vehicle and asked appellant for his driver’s license and proof of insurance. Officer Goodman’s body camera recorded the subsequent interaction he had with the driver of that vehicle, appellant. on the night of June 7, 2016, Goodman observed a silver Mercedes SUV with a defective license plate light driving westbound on Highway 82 in Grayson County, Texas. Goodman was a seven-year police department veteran who was certified as a K-9 handler and had been trained in narcotics interdiction. BACKGROUND AND PROCEDURAL HISTORY Officer Cory Goodman was the K-9 officer for the Whitesboro Police Department and was patrolling with his K-9 partner, Ninja. The State responds that the trial court did not err in denying the motion to suppress, but that the restitution order was an abuse of discretion and should be set aside. Appellant brings two issues, contending the trial court erred in denying appellant’s pretrial motion to suppress and that the trial court lacked the authority to order $180 in restitution for lab fees. The jury found the enhancement allegations to be true and assessed punishment at ninety-nine years’ imprisonment and a $100,000 fine for possessing more than 400 grams of GHB for the other three counts, the jury assessed punishment for each offense at fifteen years’ imprisonment and a $10,000 fine. The State alleged drug-free zone and habitual offender enhancements. ![]() 067724 MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Myers A jury convicted Mark David Zimmerman of four drug-related offenses: (1) possession with intent to deliver more than 400 grams of gamma hydroxybutyric acid (GHB) (2) possession of four ounces or more but less than five pounds of marijuana (3) possession of less than one gram of methamphetamine and (4) possession of less than one gram of tetrahydrocannabinol. THE STATE OF TEXAS, Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. ![]() 05-17-00492-CR MARK DAVID ZIMMERMAN, Appellant V. In The Court of Appeals Fifth District of Texas at Dallas No. Affirmed as modified Opinion Filed August 20, 2018.
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