## NUMBER 13 - 1 9 - 00 168 - C R & 13 - 1 9 - 00 169 - C R & 13 - 1 9 - 00 170 - C R & 13 - 1 9 - 00 171 - C R & 13 - 19 - 00172 - CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

CHASE EUGENE ANDERSO N, A p p ellant,

v. THE STATE OF TEXAS, A ppellee.
On appeal from the 187th District Court of Bexar County, Texas.



## MEMORANDUM OPINION Before Justice s Benavides, Hinojosa, and Tijerina Memorandum Opinion by Justice Tijerina In appellate cause numbers 13

- 19

- 00168

- CR , 13

- 19

- 00169

- CR, 13

- 19

- 00170

- CR, 13

- 19

- 00171

- CR , and 13

- 19

- 00172

- CR, pursuant to a plea agreement with the State,2 a ppellant Chase Eugene Ande rson pleaded guilty to five counts of aggravated robbery with a deadly weapon, a first

- degree felony

. 1 See T EX

. P ENAL C ODE A NN . § 29.03. A nderson received concurrent sentenc es of thirty

- five years’ confinement under the habitual felony offender statute. Se e id . § 12.42(d). By one issue, Anderson contends that the arrest warrant had insufficient facts to support a finding of probable cause. 2 We affirm. I. M OTION TO S UPPRESS By his sole issue, Anderson contends that the trial court should have granted his motion to suppress because the affidavit contained false information insufficient to support a finding of probable cause

. See Franks v. Delaware , 438 U.S. 154, 155

– 56 (1978) (concluding that when the defendant alleges a deliberate falsehood or reckless disregard for the truth with an accompanying offer of proof, a hearing on those allegations is required if disregarding the alleged false statement would render the affidavit insufficient )

. The State responds that this issue must be overruled because Anderson failed to ensure that the affidavit and search warrant were included in the appellate record, and therefore, the issue is not preserved for our review. In Moreno v. State , the Texas Co urt of Criminal Appeals set out the procedure for preserving error when contesting a search warrant and its accompanying affidavit. 858 S.W.2d 453, 461 (Tex. Crim. App. 1993) ; see Gant v. State , 649 S.W.2d 30, 33 (Tex. Crim. App. 1983) (reiterating that “i f [an] appellant desires an appellate review of [an arrest] warrant and supporting affidavit, if any, he must offer a copy thereof for the record” so long as “the record reflects that the arrest warrant was exhibited to the trial judge for a

1 T his case was transferred to this Court from the Fourth Court of Appeals in San Antonio p ursuant to a docket

- equalization order issued by the Supreme Court of Texas

. See T EX

. G OV ’ T C ODE A NN . § 73.001.

2 In all appellate causes, Anderson makes the same argument

.3 ruling”); see also Santos v. State , No. 04

- 15

- 00720

- CR, 2016 WL 4772362, at *1 (Tex. App.

— San Antonio Sept. 14, 2016, pet. ref’d) (mem. op., not designated for publication)

. First, the State must produce the contested warrant and its supporting affidavit for the trial

c ourt’s inspection. Moreno , 858 S.W.2d at 461 ; see also Santos , 2016 WL 4772362, at *1. Once the State produces the warrant and accompanying affidavit for the trial court’s inspection, it becomes the defendant’s responsibility to ensure that both are includ ed in the appellate record for our review. Moreno , 858 S.W.2d at 461 ; see also Santos , 2016 WL 4772362, at *1. If the defendant fails to do so, any issue concerning the warrant and affidavit is waived. Moreno , 858 S.W.2d at 461 ; see also Santos , 2016 WL 4772362, at *1. A t the suppression hearing, the record reflects that the arrest warrant and supporting affidavit were exhibited to the trial court for a ruling

. S ee Gant , 649 S.W.2d at 33. However, Anderson did not ensure that the warrant or the affidavit were admitted into evidence or proven up by bill of exception

. See Swain v. State , 661 S.W.2d 125, 126 (Tex. Cri m. App. 1983) (concluding that there was nothing to review because he affidavit and search warrant were never introduced in to evidence or proven up by way of bill of exception). Thus, neither is included in the appellate record. Accordingly, we conclude th at Anderson has not preserved his issue challenging the warrant’s validity for our review. See Moreno , 858 S.W.2d at 461 ; see also Santos , 2016 WL 4772362, at *1 (concluding that the appellant failed to preserve error under these same facts). We overrule Anderson’s sole issue. II. C ONCLUSION We affirm the judgments in appellate cause numbers 13

- 19

- 001 68

- CR, 13

- 19

-4 00169

- CR, 13

- 19

- 00170

- CR, 13

- 19

- 00171

- CR, and 13

- 19

- 00172

- CR.

JAIME TIJERINA, Justice Do not publish. T EX

. R. A PP

. P. 47.2(b). Delivered and filed th e 27th day of February, 2020.