Smith v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of driving while intoxicated, and the trial court assessed his punishment at 180 days in jail, probated for two years, and a fine of $400.

Appellant contends that the trial court committed reversible error by overruling his motion to suppress and allowing the jury to hear the audio portion of the videotape made after appellant requested .legal counsel. This, he asserts, violated his fifth and sixth amendment rights.

At the beginning of the video appellant was given his Miranda warnings. After performing sobriety tests, appellant was asked…