CourtListener 9368047•Meras, Charles Joseph
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IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0120-20
THE STATE OF TEXAS
V.
CHARLES JOSEPH MERAS, Appellee
ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE TENTH COURT OF APPEALS
McLENNAN COUNTY
Per curiam.
OPINION
Appellee was charged with possession of a controlled substance. He filed a pre-trial
motion to suppress evidence arising from his detention and subsequent arrest, on the basis that
the officer lacked reasonable suspicion to detain him for a violation of section 545.060(a) of
the Transportation Code for failing to drive as nearly as practical entirely within a single lane.
Meras - 2
See T EX. T RANSP. C ODE § 545.060(a). The trial court granted the motion.
The State appealed. The Court of Appeals held that it is an independent offense to fail to
stay entirely within a marked lane of traffic when it is practical to do so, regardless of whether the
deviation is safe under the circumstances. Meras v. State, 629 S.W.3d 284 (Tex. App. – Waco
2020, pet. filed). The court reversed the trial court's ruling and remanded the case to the trial court
for further proceedings.
Appellee filed a petition for discretionary review arguing that the Court of Appeals
erred in holding that Section 546.060(a) sets out two separate offenses. We recently decided
that subsection (a) creates only one offense and that it is not a traffic violation to fail to
maintain a single marked lane of traffic if such failure does not occur in an unsafe manner.
State v. Hardin, No. PD-0799-19, 2022 WL 16635303 (Tex. Crim. App. Nov. 2, 2022).
The Court of Appeals in the instant case did not have the benefit of our decision in
State v. Hardin. Accordingly, we grant Appellee’s petition for discretionary review, vacate
the judgment of the Court of Appeals, and remand this case to the Court of Appeals for
reconsideration in light of State v. Hardin, and to address any remaining issues necessary to
the resolution of the appeal.
DELIVERED January 11, 2023
PUBLISH
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