55 253 661 673 555 1050 2008 33 v. << (2012)

Court of Appeals of Texas, Waco.

A. Absolutely not.  Q. At any time did you ever not promise but suggest that you would go to the judge if she cooperated with you?  A. Absolutely not.  Q. Did you ever go to the judge and—after she made her confession and try to get her bond reduced?  A. No, ma‘am.  Q. Detective Clay, at any time did you speak with the defendant regarding charges that her son was facing? A. No. Q. Specifically did you threaten her that if she did not tell you what you wanted to hear that you would charge her son with rape?  A. Absolutely not.  Q. Did you threaten her son—or did you threaten the defendant that if she did not tell you ․ what you wanted to hear that you would charge her son and he would not be able to go off to a nice Christian school? A. Absolutely not.  Q. At any time did you make any threats or promises of any type to this defendant in regards to getting her to speak with you in response to these false—or false report charges? A. Absolutely not.  Q. In fact, when she was talking to you in the interrogation room she was having problems with her allergies.  A. Yes. Q. And in response to that you even told her that you would try to get her her allergy medication? A. Correct.  Q. And while you were telling her that you would try to get her her allergy medication, during that conversation you tell her that you even think Spencer is out of jail?  A. Correct.  Q. So at that point you weren't threatening to keep Spencer in jail indefinitely if she didn't tell you what you wanted to hear?  A. Absolutely not.  Q. In fact, did she tell you over and over again that, “Please, let me give you this information?”  A. She did offer the information, and even stated at one point, “I know you can't make me any promises.”  State's Exhibit 1, Blackmon's videotaped confession, confirms Officer Clay's testimony recounted above.  The trial court also admitted State's Exhibit 7, the written waiver of rights signed by Blackmon at 7:55 p.m. D. Analysis The record reflects that Blackmon testified to one set of circumstances surrounding her confession and that Officer Clay testified that none of her complained-of circumstances occurred.  State's Exhibit 1 substantiates Officer Clay's version of events.  Taking into account the foregoing and bearing in mind the deference afforded to factual determinations made by the trial court, we hold that the trial court did not err by refusing to suppress Blackmon's confession.  V. Alleged Failure of Proof For the first time in her reply brief, Blackmon alleges that while the State offered evidence that the location of the residences of Blackmon and Willingham were in Denton County, the State did not present proof of the location of the initiation of the communication by Blackmon.  Blackmon points to no place in the record where this was brought to the trial court's attention, and we are not required to search the record in search of her proof.  See Busby v. State, 253 S.W.3d 661, 673 (Tex.Crim.App.) (stating that the court “has no obligation to construct and compose appellant's issues, facts, and arguments ‘with appropriate citations to authorities and to the record’ ”), cert. denied, 555 U.S. 1050 (2008).  And it is axiomatic that this argument must have been brought to the attention of the trial court or it is waived.  See Tex.R.App. P. 33.1(a).

NO. 02–11–00153–CR

Decided: April 12, 2012