Manharlal B. Sedani v. State Texas

On rehearing, the State contends that appellants arrest was legal because, by dropping some pieces of the torn traffic ticket to the ground, he committed the crime of littering in the officers presence; thus, the warrantless arrest was justified by TEX. CODE CRIM. P. ANN. art. 14.01(b) (Vernon 1977). The State concedes that 1) the arresting officer testified at trial that he arrested appellant not for littering, but for totally unrelated reasons, 2) the trial court prosecutor never contended the arrest was justified by littering, but relied on totally unrelated reasons, and 3) the trial court judge did not find the arrest was for littering, but found it was justified for totally unrelated reasons. Nevertheless, the State contends we should overrule appellants point of error because a trial judges ruling, if correct, should be upheld even if it was made for the wrong reasons. For this proposition, the State relies on Calloway v. State, 743 S.W.2d 645, 651-52 (Tex. Crim. App. 1988).