White v. Texas (original by judge richardson)Annotate this Case
Appellant Brian White was convicted of one count of engaging in organized criminal activity and one count of money laundering. The trial court assessed his punishment at ten years imprisonment for each count, suspended for eight years of community supervision. The sentences were ordered to run concurrently, and White was ordered to pay restitution. The issue White raised to the Texas Court of Criminal Appeals involved the admission of an audio recording of a conversation between White, his co-defendant Ronald Robey, and a third party named “Brandon.” The trial court admitted the recording into evidence over White’s objection that it was inadmissible under Texas Code of Criminal Procedure Article 38.23. White argued the State failed to prove the recording was legally obtained and not in violation of Texas Penal Code section 16.02 (illegal wiretapping). The appellate court determined the trial court was authorized in finding admission of the recording was not barred by Article 38.23. The Court of Criminal Appeals agreed and affirmed.