The State of Texas v. Stephen Gray

Summary

The Thirteenth Court of Appeals of Texas considered the State’s appeal from an order excluding evidence and suppressing testimony related to a DWI defendant’s interview in an intoxilyzer room. The court held that the record did not establish that a video recording of the interview existed or had been destroyed, reversed the trial court’s ruling, and remanded for further proceedings.

Holdings

1. The trial court's findings that a video of Gray's interview existed and was destroyed were not supported by the evidence presented at the hearing.
2. The trial court erred in excluding the testimony and evidence obtained during Gray's interview because the record did not establish that a responsive video existed or was destroyed, and therefore did not establish an article 39.14 violation based on the State's failure to disclose it.

Questions Presented

1. Whether the trial court erred by finding that a video recording of Gray's intoxilyzer-room interview existed and was destroyed.
2. Whether the trial court erred by excluding testimony and evidence from the interview based on an alleged violation of Texas Code of Criminal Procedure article 39.14(a).

Disposition

reversed_and_remanded