Amador v. State

HERVEY, J.,

dissenting in which KELLER, P.J., and KEASLER, J., join.

I respectfully dissent. I would decide that appellant had the burden under Rule 34.6(d) of the Texas Rules of Appellate Procedure to attempt to supplement the appellate record with the portions of the videotape that the trial court considered in denying appellant’s motion to suppress.1 Having failed to sustain this burden and having also taken affirmative steps to prevent the other party from taking on this burden, appellant should not now be heard to complain that the court of appeals assumed that the videotape supported the…