Sims v. State

The majority resolves this case based upon a quote from Telshow v. State, 964 S.W.2d *541303, 307-08 (Tex.App. — Houston [14th Dist.] 1998, no pet. h.):

We do not believe it is asking too much of defense counsel to merely demonstrate, through questions put to a witness, the nonexistence of a warrant at the time of the arrest. See Russell, 717 S.W.2d at 9 (noting “defendant must “produce evidence that defeats the presumption of proper police conduct and therefore shifts the burden of proof to the State”)(emphasis added). Error relating to an illegal search or seizure must be based on an…