TX14: Text messages between def and murder victim and possession of victim’s phone was PC for cell phone SW

Text messages between a murder victim and the defendant just before the murder supported probable cause to search defendant’s cell phone. Defendant was found with the victim’s car and cell phone after the murder. Walker v. State, 2016 Tex. App. LEXIS 8398 (Tex. App. – Houston (14th Dist.) Aug. 4, 2016).

“Because the trial court did not enter findings of fact, we view the evidence in the light most favorable to the trial court’s ruling, we assume that the trial court made implicit findings of fact that support its ruling as long as the record supports those findings, and we will sustain the trial court’s ruling if the record reasonably supports it. Cole, __ S.W.3d at ___. 2016 Tex. Crim. App. LEXIS 84, 2016 WL 3018203, at *3.” The blood draw was on exigent circumstances. Cosino v. State, 2016 Tex. App. LEXIS 8294 (Tex. App. – Waco Aug. 3, 2016).