May 10, 2007. DO NOT PUBLISH.
Appeal from the 86th Judicial District Court of Kaufman County, Texas (TC# 21524).
Before CHEW, C.J., MCCLURE, and CARR, JJ.
Zon Edward Thomas appeals his conviction for possession of more than one but less than four grams of methamphetamine. In three issues, he argues that: (1) officers lacked reasonable suspicion to suspect him of speeding, therefore, the evidence discovered during a search of his vehicle should not have been admitted at trial; (2) the trial court erred in denying his motion to suppress because the extended detention was unlawful; and (3) the trial court erred by refusing to submit his requested jury instruction. We affirm. In July 2002, Appellant and his passenger were driving in Kaufman County, Texas. Texas Department of Public Safety Trooper Maury Buford and Trooper Lance Yager were on patrol that evening. At approximately 11 p.m., Trooper Buford noticed Appellant traveling in his direction and visually estimated his speed to be sixty miles per hour in a posted fifty-five mile an hour zone. Trooper Buford confirmed Appellant's speed of sixty-two miles an hour by use of a radar device. Trooper Buford testified that he believed Appellant's speed was unsafe due to darkness, the narrow width of the road, the lack of a shoulder, and because Appellant was approaching a bend in the road. Trooper Buford then conducted a routine traffic stop. After Appellant pulled over on the shoulder of the road, Trooper Buford approached his vehicle. Trooper Buford asked Appellant to step to the rear of his vehicle and into the ditch running alongside the roadway and requested his drivers license. According to Trooper Buford's testimony at trial, Appellant's hands were trembling and he was unable to stand still. Trooper Buford questioned Appellant about the passenger Becky Robinson (Webb) and Appellant indicated that she was his girlfriend. While Trooper Buford questioned Appellant, Trooper Yeager questioned Ms. Robinson. According to Trooper Buford, because of Appellant's nervousness and the inconsistent answers concerning the passenger, Trooper Buford asked to search Appellant's vehicle. Appellant gave Trooper Buford permission to seach. Trooper Yeager conducted the search of Appellant's automobile and discovered a bag containing a quantity of methamphetamine and marihuana. According to Trooper Buford, when Appellant was asked about the drugs, he indicated that they were his and the passenger did not know anything about them. Appellant was then placed under arrest. A jury found Appellant guilty of possession of methamphetamine in an amount of one gram or more but less than four grams. The trial court sentenced Appellant to eight years confinement in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $1,000. Appellant timely filed his notice of appeal.