Court of Criminal Appeals of Texas
Angel Resendez, Appellant v. the State of Texas
October 21, 20092009 Tex. Crim. App. LEXIS 1439
Summary
The Texas Court of Criminal Appeals held that the appellant did not preserve his Article 38.22 statutory claim for appellate review, reversed the Court of Appeals' judgment and affirmed the trial court's denial of the motion to suppress. The Court declined to address whether the appellant was in custody during the second statement because the preservation issue was dispositive. Justice Holcomb, dissenting, argued that the statutory claim was properly preserved and would have affirmed the Court of Appeals.