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310-105 - Sun Certified Solaris Associate - Dump Information

Vendor : SUN
Exam Code : 310-105
Exam Name : Sun Certified Solaris Associate
Questions and Answers : 156 Q & A
Updated On : November 16, 2017
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310-105 Questions and Answers

310-105


QUESTION: 150

Frank has an archive named data-1-4.tar and he needs to examine the content of the archive. Which command will display the contents of the archive for Frank?


  1. tar xvf data-1-4.tar

  2. tar uvf data-1-4.tar

  3. tar cvf data-1-4.tar

  4. tar rvf data-1-4.ta

  5. tar tvf data-1-4.tar


Answer: E


QUESTION: 151

Jane has stored files in a compressed tar archive. She extracts the data with the following command:

$ zcat keyfiles.tar.Z | tar tvf -

Examine the command line, what is the function of the zcat command?


  1. The zcat command uncompresses the file and directs the output to the pipe.

  2. The zcat command uncompresses the file and outputs to a file called -

  3. The zcat command uncompresses the file and write the output to disk.

  4. The zcat command uncompresses the data from the tar commands output.


Answer: A


QUESTION: 152

Which command is used at the beginning of each terminal session to identify oneself to the system? This command is invoked by the system when a connection is first established, after the previous user has terminated the login shell by issuing the exit command.


  1. login

  2. init

  3. pam

  4. start startX


Answer: A


QUESTION: 153

While working in his home directory Jim lists the directory contents with the following result:

$ ls -F

affiliates* daily-report* fixes today appointment expenses/ phone-list@ windfil> year- report| From this list of files, which file is executable?


  1. affiliates

  2. fixes

  3. expenses

  4. phone-list

  5. windfil

  6. yearly-report


Answer: A


QUESTION: 154

Click the Exhibit button. A user named Val wants to configure the man command so that she is able to use the man -k option. Note that the -k option uses the windex database. Which command will configure the windex database for man pages?


  1. man -f windex

  2. catman -w

  3. whatis windex

  4. make -m man


Answer: B


QUESTION: 155

Click the Exhibit button. The user named Val issued a sequence of commands, as shown


in the exhibit. Which of the following choices describes the results of the last command executed by Val?


  1. Changes directory to Val's home directory.

  2. does not exist is displayed.

  3. No such file or directory is displayed.

  4. Changes directory to the previous directory.

  5. Changes to the first directory listed in the current directory.


Answer: D


QUESTION: 156

Click the Exhibit button. Jane lists the content of her home directory. The output of this listing is shown in the exhibit. Choose the answer that best describes the first line of the command's output.


  1. The amount of data in this directory in megabytes.

  2. The number of inodes used in this directory.


  3. The amount of data used in kilobytes in this directory.

  4. The number of blocks used in this directory.


Answer: D


SUN 310-105 Exam (Sun Certified Solaris Associate) Detailed Information

Article by ArticleForge

Introduction to Solaris:

This comprehensive two-day course aims to equip the novice SolarisUNIX user with all the skills necessary to navigate the system and make productive use of the tools available, including the Windows system, the vi editor and essential SolarisUNIX commands. It also forms the necessary foundation for subsequent courses. This course, combined with the Solaris Utilities and Shell Programming , provides preparation for the new Sun Certified Solaris Associate (SCSAS) CX-">310-105 exam.

Article by ArticleForge

Yahoo Sports Fantasy Baseball

Notes Pre-Season Player's fantasy ranking based on pre-season projections Current Player's current fantasy ranking based on stats filter selected New Player Note New player notes in the last 24 hours. Click to view notes and other information. Player Note Player notes available. Click to view notes and other information. No new player Notes No new player notes available. Click to view other information. Video Playlist New video highlight in the last 24 hours. Click to view video. Video Playlist New video highlight in the last 48 hours. Click to view video.  Probable Starter (announced for starting lineup)  Batter Not in Starting Lineup (may still play)   Player Notes DL Disabled List O Out DTD Day-to-Day SUSP Suspended NA Not Active Action  Add Player  Add Player functionality is disabled  No more roster moves available  Drop Player  Player on Can't Cut list  Propose Trade  No more trades available  Trade functionality is disabled  Actions locked by commissioner  Add player to Watch List  Remove player from Watch List  Watch List is not available Article by ArticleForge

Merry College Football Christmas: Your 10-Pack of Selection Sunday Nuggets

Credit: Chicago Tribune

College football’s Christmas morning is upon you. You bound down the stairs in your footy pajamas — you in red, your little brother in green and your sister in pink — turn the corner and set your gaze upon the tree. Except in this version of Christmas, your presents are already open. They are Clemson, wrapped in orange and a warm smile, and Alabama, packaged in crimson and a cold scowl. They are Oklahoma, plopped on the coffee table for a solid week now, and Michigan State, freshly packaged in a shiny, metallic green.

You know your presents ahead of time, but the lack of suspense, that paper-ripping drama you live for every year, doesn’t disappoint you, because you know how they arrived in front of you on this day, and that is what matters.

1. The drive. Trailing 13-9, Michigan State accepted the ball at its own 18-yard line with nine and a half minutes to play. They would consume all but 27 of the remaining 571 seconds.

Needing a touchdown to win the game, Mark Dantonio’s Spartans moved 82 yards in 22 gut-checking plays. No play traveled longer than 16 yards. They would survive two penalties, convert five of six third down tries and one fourth down try. The Spartans sucked away all three Iowa timeouts by running 17 times, including the final 12 plays covering the last 34 yards.

True freshman L.J. Scott rushed 13 times for 37 yards on the drive, including a final rush that was practically three carries on its own, a second-effort snapshot in history in which he denied the four Hawkeyes who tried to tackle him, extending his right hand straight to Dallas or Miami.

1a. For every time you forget Mark Dantonio is one of the elite coaches in this sport, remember this:

Coaches he’s beaten over these last three seasons: Mark Helfrich, James Franklin, David Shaw, Art Briles, Jim Harbaugh and Urban Meyer — twice.

2. Oklahoma is in. But you knew that already. FootballScoop secured exclusive footage of the Stoops household on Saturday evening.

3. Clemson can do it all. Don’t let the 45-37 final margin deceive you: Clemson manhandled North Carolina on Saturday night. The Tigers out-rushed North Carolina 319-142, held the ball for nearly 39 minutes, achieved 33 first downs, notched drives of 96 and 97 yards, and harassed Marquise Williams into throwing incomplete on 22 of his 33 passes.

Dabo Swinney’s team has been on the No. 1 line every week of the season to date, and they’ll be so again Sunday morning.

4. Alabama can’t do it all, but it’s really, really good at what it does do. Jake Coker is not A.J. McCarron, Greg McElroy, John Parker Wilson or even Blake Sims. That’s partly because he doesn’t have a Julio Jones or Amari Cooper to catch his passes.

But forget about what the Tide doesn’t have, because here’s what it does have: the best front seven and best running back in college football.

Alabama enters the Playoff as the best run defense on both a per game (74 yards) and per carry (2.38) basis. Kirby Smart’s defense has recorded 46 sacks, most in college football and third-most on a per game basis (3.54), and its 8.69 plays of 10-plus yards allowed per game are the fewest in college football. Alabama also sits in the top 10 in tackles for loss and third down defense.

On the other side of the ball, Derrick Henry’s 1,986 rushing yards and 23 touchdowns are more than any other player in the game. And there’s a strong chance he’ll enter the Playoff with something else no one else has: the Heisman Trophy.

So, yes, Oklahoma can throw the ball better. Clemson is more well-rounded. Michigan State has more late game mettle. But none of those advantages will matter if they don’t first rectify themselves with Henry and Alabama’s front seven.

5. About that Heisman Trophy. The official mission of the Heisman Trophy reads, “The Heisman Memorial Trophy annually recognizes the outstanding college football player whose performance best exhibits the pursuit of excellence with integrity.”

What that in mind, consider Christian McCaffrey’s statistics in Stanford’s 41-22 victory over USC on Saturday night: 32 carries for 207 yards and one touchdown, four receptions for 105 yards and one touchdown, 120 kickoff return yards, 29 punt return yards and an 11-yard touchdown pass to boot. His 461 all-purpose yards on the night and 3,496 this season were enough to break Barry Sanders’ 27-year-old FBS single-season all-purpose yardage record.

There are better running backs in college football. Better receivers, punt returners and kick returners, too. But how can one argue there’s a better college football player than Christian McCaffrey?

5a. The frustration of watching McCaffrey run wild created an awkward situation in the Levi’s Stadium press box.

6. The powers that be must spend their off-season improving college football’s officiating. With 1:13 remaining and all three timeouts in its back pocket, North Carolina recovered an onside kick that would have given the Heels the ball at midfield needing only a touchdown and a two-point conversion to force Clemson into overtime.

But North Carolina was called offsides on a play where, clearly, no one was offsides.

But it didn’t stop there. Actually, it didn’t start there.

After all that, only Texas defensive back Kevin Vaccaro was flagged for unsportsmanlike conduct when, in reality, the only sin he committed was being pushed by a teammate as he attempted to step over Baylor quarterback Lynx Hawthorne.

Hawthorne should’ve been flagged for a late hit, as should the Texas player (not Vaccaro) who shoved Hawthorne after the tackle. And both teams deserved flags for unsportsmanlike conduct.

But, hey, at least the Big 12 and ACC don’t already have officiating gaffes on their ledgers this season.

7. There wasn’t a Playoff spot on the line, but don’t think Temple and Houston didn’t have a lot to play for in the American championship. According to bowl guru Stewart Mandel’s latest projections, the winner of the AAC title game would play in the Peach Bowl opposite Florida State on New Year’s Eve.

The loser? They’re playing in dilapidated Tropicana Field at 11 a.m. the day after Christmas in front of (probably) 7,000 people.

In real life terms, there may not have been a bigger dichotomy between victory and defeat than that on Saturday.

As for the actual game? Houston jumped out to a 24-3 lead and cruised to a 24-13 win. Tom Herman concludes his first regular season as a head coach with a 12-1 record, a conference title and nine wins by double digits.

In the state of Texas there are 20 Division I football programs spread across seven conferences. Only Herman’s Cougars won theirs.

8. The Nuggets’ official New Year’s Six projections.

Orange Bowl: No. 1 Clemson vs. No. 4 OklahomaCotton Bowl: No. 2 Alabama vs. No. 3 Michigan State

Rose Bowl: Stanford vs. IowaSugar Bowl: Oklahoma State vs. Ole MissFiesta Bowl: Ohio State vs. Notre DamePeach Bowl: Florida State vs. Houston

And, for the record, The Nuggets’ non-existent Heisman ballot.

1. Christian McCaffrey2. Derrick Henry3. Deshaun Watson

With special shoutouts included for Dalvin Cook, Trevone Boykin, Josh Doctson, Corey Coleman and Baker Mayfield.

9. The play of the season, and perhaps the decade. Here’s the situation: your team leads 14-9. Your defense is rocking, with three straight three-and-outs with a cumulative minus-9 yards of offense in those nine plays. It’s 4th-and-15. You’re a punter. What do you do? You punt the football.

Here’s what Clemson punter Andy Teasdall did.

Again, it’s not fourth-and-1, it’s fourth-and-15. FOURTH AND FIFTEEN! Poor Teasdall even made Dabo Swinney go un-Christian on him.

Andy Teasdall is my new hero, and should be yours, too.

10. Odds and Ends.

a. Congrats to Dino Babers, who leaves Bowling Green after two seasons with 18 wins and a MAC championship with a 34-14 destruction of Northern Illinois on Friday night. The Falcons have scored 28 points or more in 14 straight games dating back to last season.

b. On Sept. 27, Rocky Long and his San Diego State staff arrived at work at 1-3, losers of three straight. On Saturday night they hoisted a trophy as Mountain West champions, winners of nine straight games. The Aztecs fought back from three different deficits to fend off Air Force, 27-24.

c. From Oct 17 to the three minute mark of the second quarter Saturday, Southern Miss was on a ">310-105 scoring run. They were winners of six straight and appeared headed to a seventh. Then Western Kentucky woke up. The Hilltoppers tied the game by halftime and 38 of the game’s final 45 points on their way to a 45-28 win and a Conference USA championship.

d. It didn’t come in a conference title game, but Arkansas State clinched its fourth Sun Belt title in five years with a 55-17 thumping of Texas State.

e. “Impossible.” That’s the only word I, or anyone else, would’ve used heading into this season upon learning Texas would beat Oklahoma and Baylor — both away from Austin — and still miss a bowl. Charlie Strong’s Horns beat the Sooners and Bears by a combined 47-34… and got outscored 150-30 in their four remaining games away from Austin. Texas shutout Baylor (led by its fourth-string quarterback Lynx Hawthorne) in the first half, then allowed the Bears to accumulate the bulk of their 66 rushes for 395 yards in the second half. A week after it ran for 403 yards and lost, Texas allowed 395 rushing yards and won.

That string of facts seemingly can not exist, and yet here it is. Texas will be one of the most-curiously-watched college football teams in 2016.

f. A congratulations are in order for Trent Miles and Georgia State. The Panthers entered this season without an FBS victory to their credit and entered their Nov. 14 trip to Texas State at 2-6. But the Panthers won that game, then beat South Alabama, then beat Troy and on Saturday went down to Statesboro and whipped rival Georgia Southern 34-7. An four-game winning streak by an average of 33-14 sends Georgia State to its first-ever bowl game.

g. Three 5-7 teams will play in bowls this winter: Nebraska, Minnesota and San Jose State. Feel free to hiss in their general directions.

h. Remember way back in August when North Dakota State and Montana kicked off the Division I season with a classic the Grizzlies pulled out in the last minute? Yeah, the Bison got revenge for that on Saturday. Hard. The Bison sent Bob Stitt and company packing with a 37-6 win, and the drive for five heads to its next stop against Northern Iowa next week.

i. Let’s take a moment to appreciate the gilded stupidity that is the entire College Football Playoff selection committee process. This is a group of highly accomplished people that willingly flush two days of their impossibly busy weeks straight down their diamond-encrusted toilets, for six straight weeks, all in an effort to produce an entirely meaningless set of rankings.

Then, when Championship Weekend arrives and it’s time to get down to real, knuckle-cracking business, they spend their Friday night eating out of a branded watermelon.

Then Saturday arrives and they sit in their leather thrones… watching football.

All in an grand effort to accomplish the same thing you and I could do over a single beer.

God Bless America.

j. And finally…. this will be the final edition of The Nuggets until September. Thanks to all who read along, whether this was your first time or you were a weekly reader. Hopefully this added to your college football weekend routine, and here’s to next season.

Article by ArticleForge

Classical Monologues From Aeschylus to Bernard Shaw, Volume 2: Older Men's Roles

Preface xv TragedyDrama GreekRoman 1 Prometheus cries out against his suffering willed by Zeus ((468+ BC) Aeschylus, Prometheus Bound, tr. D. Grene.) 2 2 The Chorus remembers the dead brought home from Troy ((458 BC) Aeschylus, Agamemnon, tr. L. Katz) 5 3 The Chorus condemns Helen for the ruin of Troy ((458 BC) Aeschylus, Agamemnon, tr. L. Katz) 8 4 Aegisthus rejoices in the death of Agamemnon ((458 BC) Aeschylus, Agamemnon, tr. L, Katz) 11 5 Ajax pretends to be reconciled to his shame ((450-440 BC) Sophocles, Ajax, tr. J. Moore) 14 6 Ajax bids farewell to the gods and Athens and falls on his sword ((450-440 BC) Sophocles, Ajax, tr. J. Moore) 17 7 Creon argues the case to his son against disloyalty and anarchy ((441 BC) Sophocles, Antigone, tr. Nicholas Rudall) 20 8 Tiresias violently condemns Creon's stubbornness and folly ((441 BC) Sophocles, Antigone, tr. Nicholas Rudall) 23 9 The Messenger recounts the death of Haemon to his mother ((441 BC) Sophocles, Antigone, tr. P. Arnott) 25 10 The Chorus hymns the wonders and limits of man ((441 BC) Sophocles, Antigone, tr. Elizabeth Wycoff) 28 11 Tiresias, provoked by Oedipus, reveals almost the whole of the oracle's pronouncement ((430-425 BC) Sophocles, Oedipus the King, tr. W. B. Yeats) 29 12 Oedipus confesses his haunting doubts to Jocasta ((430-425 BC) Sophocles, Oedipus the King, tr. W. B. Yeats) 32 13 Oedipus bids farewell to his daughters ((430-425 BC) Sophocles, Oedipus the King, tr. P. Arnott) 34 14 Oedipus condemns himself to exile and death ((430-425 BC) Sophocles, Oedipus the King, tr. D. Grene) 36 15 Theseus catigates his son Hippolytus for adultery ((428 BC) Euripides, Hippolytus, tr. D. Grene) 38 16 Peleus reviles Menelaus and his wife Helen ((417-415 BC) Euripides, Andromache, tr. M. Hadas and J. H. McLean) 41 17 Peleus, outraged at his army's treatment of Andromache, helps her to safety ((417-415 BC) Euripides, Andromache, tr. M. Hadas and J.H. McLean) 44 18 Heracles, dying in agony, curses the wife who sent him the poisoned shirt ((413 BC) Sophocles, The Women of Trachis, tr. M. Jameson) 46 19 Oedipus, unwilling to leave thebes, bemoans his destiny ((409 BC) Euripides, The Phoenician Women, tr. L. Katz) 50 20 Tiresias heatedly defends the god Dionysus against Pentheus' condemnation ((c BC) Euripides, The Bacchae, tr. M. Hadas and J. H. McLean) 53 21 The Herdsman reports to Pentheus the magical feats of the Bacchants on their awakening ((c BC) Euripides, The Bacchae, tr. M. Hadas and J. H. McLean) 57 22 Oedipus denounces his son Polyneices and prophesies his doom ((406 BC) Sophocles, Oedipus at Colonus, tr. R. Fitzgerald) 60 23 Oedipus gives his blessing to Athens and goes to his death ((406 BC) Sophocles, Oedipus at Colonus, tr. R. Fitzgerald) 62 24 Oedipus defends himself against the charge of incest and patricide ((c50-65 AD) Seneca, Oedipus, tr. E. I. Harris, ad. L. Katz, Act 3, Sc. 1) 65 25 Oedipus, blinded and self-exiled, feels relieved by his fate ((c50-65 AD) Seneca, Oedipus, tr. E. I. Harris, ad. L. Katz, Act 5, Sc. 2 and 3) 68 26 Atreus plans his gruesome revenge on his brother Thyestes ((c50-65 AD) Seneca, Thyestes, tr. E. I. Harris, ad. L. Katz, Act 2, Sc. 1) 70 27 Atreus, gloating, observes Thyestes waking after feasting on his sons ((c50-65 AD) Seneca, Thyestes, tr. E. I. Harris, ad. L. Katz, Act 5, Sc. and 3) 73 28 Hercules, having in his madness destroyed his wife and sons, now longs to destroy himself ((c50-65 AD) Seneca, Mad Hercules, tr. E. I. Harris, Act 5, Sc. 1 and 3) 76 ElizabethanJacobean 29 The Spanish General narrates a tale of battle victory ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 1, Sc. 2) 82 30 Hieronymo discovers the body of his murdered son ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 2, Sc. 5) 85 31 Mad Hieronymo considers: "What is a son?" ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 3, Sc. 11) 88 32 Mad Hieronymo directs a painter to paint a murder ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 3, Sc. 12a) 91 33 Mad Hieronymo mistakes a suppliant for his dead son ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 3, Sc. 13) 94 34 Hieronymo brings the play-within-the-play to its gruesome end ((c1587; 1602) Thomas Kyd, The Spanish Tragedy, Act 4, Sc. 4) 97 35 Sejanus commits himself to a sanguine and limitless revenge ((1603) Ben Jonson, Sejanus, Act 2, Sc. 2) 101 36 Sejanus plans the secret assumption of Caesar's authority ((1603) Ben Jonson, Sejanus, Act 3, Sc. 2) 103 37 De Flores, suffering the contempt of his beloved Beatrice, bides his time ((1622) Thomas Middleton and William Rowley, The Changeling, Act 2, Sc. 1) 105 38 De Flores wins his whole recompense from Beatrice ((1622) Thomas Middleton and William Rowley, The Changeling, Act 3, Sc. 4) 108 39 Friar Bonaventura condemns Giovanni and urges penitence for his thought of incest ((1629-33) John Ford, 'Tis a Pity She's a Whore, Act 1, Scene 1) 112 XVII Century French 40 The father of Rodrigue determines to be revenged ((1638) Pierre Corneille, Le Cid, tr. Paul Landis, Act 1, Sc. 4) 116 41 The emporer Augustus ruminates on the futility of power ((1640) Pierre Corneille, Cinna, tr. Paul Landis, Act 2, Sc. 1) 117 42 The emperor Augustus undergoes his dark night of the soul ((1640) Pierre Corneille, Cinna, tr. Paul Landis, Act 4, Sc. 2) 121 43 The emperor Augustus reasons with his would-be assassin ((1640) Pierre Corneille, Cinna, tr. Paul Landis, Act 5, Sc. 1) 124 44 Theseus accuses his son of adultery ((1677) Jean Racine, Phaedra, tr. R. Henderson, Act 4) 127 Restoration 45 Samson, in torment, yearns for his death ((1668-70) John Milton, Samson Agonistes, Lines 606-651) 132 46 Milton's tragic conclusion: "Calm of mind, all passion spent" ((1668-70) John Milton, Samson Agonistes, Lines 1708-1758) 136 47 Antony mourns his fallen state ((1671) John Dryden, All for Love, Act 1, Sc. 1) 139 48 Antony accuses Cleopatra of being the instrument of his downfall ((1671) John Dryden, All for Love, Act 2, Sc. 1) 141 49 The Great Constable explains the folly of virtue to his son, his prisoner ((1679) John Crowne, The Ambitious Statesman, Act 5, Sc. 1) 144 50 Aboan, Oroonoko's loyal follower, rouses him to rebellion against the English ((1695) Thomas Southerne, Oroonoko, Act 3, Sc. 2) 146 XVIII Century EnglishGerman 51 Cato contemplates the allurement of immortality ((1713) Joseph Addison, Cato, Act 5, Sc. 1) 152 52 Thorowgood catechizes the blessings of commerce ((1731) George Lillo, The London Merchant, Act 3, Sc. 1) 155 53 Wallenstein inveighs against chance, not his own will, governing his acts ((1799) Friedrich Schiller, Wallenstein's Death, tr. Jeanne Wilson, Act 1, Sc. 4) 157 54 Wallenstein interprets a dream as a predestined savior of his life ((1799) Friedrich Schiller, Wallenstein's Death, tr. Jeanne Wilson, Act 2, Sc. 3) 161 XIX Century FrenchGerman 55 An Old Man brings news of death to a family, and wonders how to approach them ((1896) Maurice Maeterlinck, Home, tr. Richard Hovey, 1-act) 166 56 Cyrano defends his nose against insult, and runs the insulting culprit through ((1897) Edmond Rostand, Cyrano de Bergerac, tr. Brian Hooker, Act 1) 169 57 Cyrano brags of his credo: To bend the knee to no one ((1897) Edmond Rostand, Cyrano de Bergerac, tr. Brian Hooker, Act 2) 174 58 Cyrano, tottering but upright, sword drawn, meets death ((1897) Edmond Rostand, Cyrano de Bergerac, tr. Brian Hooker, Act 5) 177 59 Robespierre concludes: In himself "the Son of Man is crucifed" ((1835) Georg Buchner, Danton's Death, tr. C. R. Mueller, Act I, Sc. 6) 181 60 Danton, bored and disenchanted, delays from arrest ((1835) Georg Buchner, Danton's Death, tr. C. R. Mueller, Act 2, Sc. 1) 184 61 Danton reconciles himself to despair and to imminent death ((1835) Georg Buchner, Danton's Death, tr. C. R. Mueller, Act 4, Sc. 1) 187 XIXXX Century English 62 Cenci cries curses on Beatrice and prays for her destruction ((1819) Percy Shelley, The Cenci, Act 4, Sc. 1) 190 63 Virginius, having killed his daughter to prevent her enslavement and ruin, runs mad and searches for her ((1820) Amos Sheridan Knowles, Virginius, Act 5, Sc. 3) 193 64 Luke explains the justification for his revenge: his wife's death by starvation ((1826) John Baldwin Buckston, Luke the Laborer, Act 1, Sc. 2) 197 65 The Duke of Ferrara explains to a visitor the smile on his late duchess's face ((1842) Robert Browning, My Last Duchess) 199 66 Mathias, having successfully concealed his theft and murder for years, is troubled only by the sound of bells ((1871) Leopold Lewis, The Bells, Act 2) 202 67 Mathias, in nightmare, dreams he is under hypnosis, and overcome by his own confession of murderous guilt, dies ((1871) Leopold Lewis, The Bells, Act 3) 205 68 Jokanaan cries abomination on Herod, Herodias, and their daughter Salome ((1893) Oscar Wilde, Salome) 209 69 Herod offers Salome any treasure to relieve him of his oath to grant her the head of Jokanaan ((1893) Oscar Wilde, Salome) 212 70 Sherlock Holmes, while enjoying his seven-percent solution, anticipates the arrest and demise of Moriarty ((1899) William H. Gillette, Sherlock Holmes, Act 2, Sc. 2) 214 71 O'Connell, a Catholic of conscience, is asked for political reasons not to denounce his wife's adulterer ((1907) Harley Granville Barker, Waste, Act 3) 218 Comedy Greek 72 Dicaeopolis speaks his mind about the stupid reasons for the current war ((425 BC) Aritophanes, The Acharnians, tr. Jack Flavin) 224 73 Aristophanes argues the case for his comedy's winning first prize ((421 BC) Aristophanes, Peace, tr. Fred Beake) 227 74 Mnesilochus, in drag at the women's festival, defends his nephew Euripides' attacks on women ((411 BC) Aristophanes, Thesmaphoriazusae, tr. Anonymous) 230 75 Blepyrus, needing to take a crap in the dead of night, has no choice but to wear his wife's clothing ((392 BC) Aristophanes, Ecclesiazusae, tr. Anonymous) 233 Italian Renaissance 76 Fra Timoteo persuades Lucrezia that it is pious to commit adultery ((c1515-20) Machiavelli, Mandragola, tr. Kenneth and Laura Richards, Act 3, Sc. 11) 236 ElizabethanJacobean 77 Simon Eyre prepares a feast for his king ((1599) Thomas Dekker, The Shoemaker's Holiday, Act 5, Sc. 4) 240 78 Captain Seagull peddles the glories of Virginia to dupes ((1604) Marston, Chapman, and Jonson, Eastward Ho!, Act 3, Sc. 3) 242 79 Touchstone reveals the sins of the shipwrecked to the constable ((1604) Marston, Chapman, and Jonson, Eastward Ho!, Act 4, Sc. 2) 244 80 Volpone welcomes the morning sun and his gold ((1606) Ben Jonson, Volpone, Act I, Sc. 1) 246 81 Volpone, disguised as a mountebank, hawks quack remedies ((1606) Ben Johnson, Volpone, Act 2, Sc. 1) 248 82 Morose, who can bear no noise, instructs his servant mute ((1609) Ben Johnson, Epicoene, or The Silent Woman, Act 2, Sc. 1) 251 83 Morose interviews a potentially silent wife ((1609) Ben Johnson, Epicoene, or The Silent Woman, Act 2, Sc. 5) 255 84 Sir Epicure Mammon prepares for projection's success ((1610) Ben Johnson, The Alchemist, Act 2, Sc. 2) 258 85 Allwit congratulates himself on the ease and profit of his cuckold's life ((1612) Thomas Middleton, A Chaste Maid of Cheapside, Act 1, Sc. 2) 261 86 Overreach tutors his daughter in marital entrapment ((1621-22) Philip Massinger, A New Way To Pay Old Debts, Act 3, Sc. 2) 264 XVII Century French 87 Arnolphe explains his procedure for raising a perfect wife in perfect ignorance ((1662) Jean-Baptiste Moliere, The School for Wives, tr. Morris Bishop, Act 1, Sc. 1) 268 88 Don Juan's father condemns his son for shaming his heritage ((1665) Jean-Baptiste Moliere, Don Juan, tr. G. Graveley and I. Maclean, Act 4, Sc. 6) 270 89 Harpagon, fearing his treasure stolen, runs mad ((1668) Jean-Baptiste Moliere, The Miser, tr. G. Graveley and I. Maclean, Act 4, Sc. 7) 272 Restoration 90 Pinchwife apprehends his wife authoring a letter of her own invention ((1675) William Wycherley, The Country Wife, Act 4) 276 91 Sir Feeble, with the help of his man Francis (his rival in disguise), readies for bedtime with his new bride ((1686) Aphra Behn, The Lucky Chance, Act 3. Sc. 1) 278 92 Jupiter, bidding farewell to Alcmene after their night of love, claims a higher place in her esteem than "husband" ((1690) John Dryden, Amphitryon, Act 2, Sc. 1) 281 93 Jupiter, out of the machine, makes all things clear ((1690) John Dryden, Amphitryon, Act 5, Sc. 1) 284 94 Fondlewife, while warning his wife of adultery, is melted by her tears ((1693) William Congreve, The Old Bachelor, Act 4, passage excerpted from Scs. 2, 3, 4) 286 95 Coupler the Matchmaker dreams up a scheme to get one brother wealthily wived at the expense of the other ((1696) John Vanbrugh, The Relapse, Act 1, Sc. 3) 288 XVIII Century English 96 Sable the Undertaker rehearses his regular mourners for the coming funeral ((1701) Richard Steele, The Funeral, Act 1, Sc. 1) 292 97 Puzzle the Attorneys explains the profit for lawyers of professional ofuscation and tautology ((1701) Richard Steele, The Funeral, Act 1, Sc. 2) 295 98 Sir Jealous Traffic, devoted to Spanish custom, confines his daughter to Spanish honor's constraints ((1709) Susannah Centlivre, The Busybody, Act 2, Sc. 2) 297 99 The merchant Sealand boldly counters Sir John's claims of aristocracy's privileged morality ((1722) Richard Steele, The Conscious Lovers, Act 4, Sc. 2) 299 100 Peachum considers which of his henchmen he will betray today for execution ((1728) John Gay, The Beggar's Opera, Act 1, Sc. 3) 302 101 Peachum warns against the evil of marriage ((1728) John Gay, The Beggar's Opera, Act 1, Sc. 4) 304 102 Macheath welcomes his ladies to the tavern with song ((1728) John Gay, The Beggar's Opera, Act 2, Sc. 4) 306 103 Sir Simon, after overhearing his wife's seducer's pleading, considers the fate of husbands ((1735) Henry Fielding, The Universal Gallant, Act 5) 308 104 Trapwit directs his actors and explains the play ((1736) Henry Fielding, Pasquin, Act 2, Sc. 1) 310 105 Fustian recites his play's dedication for the edification of his friends ((1736) Henry Fielding, Pasquin, Act 3, Sc. 1) 312 106 Fustian catalogues the miseries of the playwright ((1736) Henry Fielding, Pasquin, Act 4, Sc. 1) 314 107 Knowell notes how the greatest corrupters of children are their parents ((1751) Ben Jonson, Everyman in His Humour, ad. David Garrick, Act 2, Sc. 2) 315 108 Captain Bobadill explains how, with twenty men trained by himself, he could eradicate an army of forty thousand ((1751) Ben Jonson, Everyman in His Humour, ad. David Garrick, Act 4, Sc. 2) 318 109 Don John, mortified, finds himself saddled with a crying baby ((1754) Beaumont and Fletcher, The Chances, ad. David Garrick, Act 1, Sc. 5) 320 110 Sir Anthony Absolute, in a violent passion, demands his son marry as he commands, or else ((1775) Richard Brinsley Sheridan, The Rivals, Act 2, Sc. 1) 323 111 Sir Peter tries to fathom why his wife, always in the wrong, quarrels with him ((1777) Richard Brinsley Sheridan, The School for Scandal, Act 1, Sc. 2) 325 112 Censor is censorious against Mrs. Voluble's discourse ((1779) Francis Burney, The Witlings, Act 1, Sc. 1) 327 113 Dabbler the Poet is lost in the throes of composition ((1779) Francis Burney, The Witlings, Act 3, Sc. 1) 329 XIX Century GermanScandinavian 114 Straamand, the village pastor, defends his "barnyard fowl's" life against the poet Falk's "soaring eagle" ((1862) Henrid Ibsen, Love's Comedy, tr. M. Zelenak and L. Katz, Act 3) 334 115 Gulstad, who offers ordinary marriage, contends with Falk's passionate offer of the extraordinary ((1862) Henrik Ibsen, Love's Comedy, tr. M. Zelenak and L. Katz, Act 3) 336 116 Peer Gynt peels an onion which sums up his life ((1867) Henrik Ibsen, Peer Gynt, tr. Wm. Archer, Act 5, Sc. 5) 340 XIXXX Century English 117 Sir Robert Chiltern confesses to the youthful crime that has given him his wealth and position ((1895) Oscar Wilde, An Ideal Husband, Act 2) 346 118 Julius Caesar reads the riddle of the sphinx ((1899) Bernard Shaw, Caesar and Cleopatra, Act 1) 348 119 Shaw, through the mouth of young Aubrey, mourns the unhinging of Western Civilization's values following the First World War ((1932) Bernard Shaw, Too True To Be Good, Act 3) 350 Glossary of Greek and Roman Names 355 Article by ArticleForge

BAKER v. STATE

Stanley Allison BAKER, Appellant, v. STATE of Texas, Appellee.

No. 72225.     Decided: May 21, 1997 Before the court en banc.Michele P. Esparza, Bryan, for appellant. Deena J. McConnell, Asst. Dist. Atty., Bryan, Matthew Paul, State's Atty., Austin, for State.

OPINION

Appellant was convicted in April 1995 of a capital murder occurring on September 28, 1994.  Tex. Penal Code Ann. § 19.03(a)(2).   Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure art. 37.071 §§ 2(b) and 2(e), the trial judge sentenced appellant to death.  Article 37.071 § 2(g).1  Direct appeal to this Court is automatic.  Article 37.071 § 2(h).   Appellant raises six points of error.   We will affirm.

In his sixth point of error, Appellant complains that the evidence introduced at the punishment phase of the trial is insufficient to sustain a unanimous vote on the special issues concerning future dangerousness and mitigating evidence.   He contends first that the evidence does not support a finding that he would be a future danger to society and, second, that the evidence was insufficient to support a finding that there were no mitigating factors.   See Art. 44.251.   First, we will examine the sufficiency of the evidence regarding future dangerousness.

 Initially, we note that in examining the sufficiency of the evidence regarding future dangerousness, we look at the evidence in the light most favorable to the jury's verdict.  Barnes v. State, 876 S.W.2d 316, 322 (Tex.Cr.App.1994).   In answering the special issues, the jury may consider all of the evidence adduced at the guilt innocence phase of the trial, in addition to the evidence presented at the punishment phase.  Id.  The evidence, viewed in a light most favorable to the jury's finding, shows the following:  Appellant intended to kill his former employer.   After walking nearly two miles in pursuit of his plan, he became hot and decided to steal a truck.   He went into the Adult Video Store in College Station, where Wayne Williams, the night clerk, was working alone.   Appellant took from Williams the keys to his truck, the currency from the cash register, and the night's receipts.   Appellant then shot Williams three times.   Appellant fled the scene in William's vehicle, returned home and loaded the stolen vehicle with his gear.   The items found in the vehicle included the murder weapon, ammunition, a brass knuckled stiletto, a bulletproof vest, a garrote, and a variety of survival gear.   In a notebook seized by police, appellant had written his goals for the year, which included, “30+ victims dead. 30+ armed robberies.   Steal a lot of cars.”   Furthermore, on the day of his arrest appellant showed no remorse.   We hold that the evidence presented in the instant case is sufficient to support the jury's finding regarding appellant's future dangerousness.

 Second, we have previously stated that we will not review sufficiency of the evidence as regards the mitigation special issue.  McFarland v. State, 928 S.W.2d 482 (Tex.Cr.App.1996).   The weighing of mitigating evidence is a subjective determination undertaken by each individual juror, and we decline to review that evidence for sufficiency.  Id., at 498.   Finally, we have previously held that article 44.251 does not require this Court to conduct a sufficiency review of the mitigation issue.  Id.  Appellant's sixth point of error is overruled.

 In point of error one, appellant attacks the trial court's denial of his motion to suppress statements he made to the authorities.   He contends that the statements were obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) because his unequivocal invocation of his right to remain silent was not scrupulously honored.

At about 6:10 a.m. on the day of the murder, Department of Public Safety Trooper Garry Parker heard a description of a truck involved in the robbery in College Station.   About an hour later, he saw a truck matching the description.   He followed the truck until it pulled into a driveway.   When appellant got out of the truck, Officer Parker ordered him to lie down.   Deputy Flores of the Bastrop County Sheriff's Department soon arrived.   Officer Parker gave appellant Miranda warnings, and appellant made somewhat incriminating statements.   DPS Investigator Ashley happened to come upon the arrest scene, and stopped and called for a Texas Ranger to come to the scene.   Investigator Ashley took a recorded statement from appellant (statement # 1) while they waited for the Texas Ranger.   During that statement, when appellant was asked if he wanted to talk about “this thing” he said “no.”   Investigator Ashley asked if appellant was sure he did not want to get it off his chest, and appellant again replied, “no.”   Investigator Ashley continued to question appellant, and appellant answered all his questions.

When Ranger Coffman arrived, he was not told of the statement that Investigator Ashley had just taken.   Ranger Coffman read appellant the Miranda warnings and took another statement (statement # 2) from appellant.   At about 8:45 a.m., Detectives Andreski and Prasifka of the College Station Police Department arrived on the scene.   Detective Andreski gave appellant the Miranda warnings and took a statement (statement # 3) from him.   Appellant was later placed in the Bastrop County jail.   Detective Andreski learned that police had obtained an arrest warrant for appellant.   At 10:55 a.m. appellant was taken before a magistrate in Bastrop County and was warned pursuant to Article 15.17.   Appellant was returned to the jail and fed lunch.   The detectives then transported appellant back to the College Station police department.   There, at about 2:00 p.m., Detective Andreski again gave appellant the Miranda warnings.   Following these warnings, appellant was asked if he would consent to a search of his apartment.   He agreed orally and later signed the consent form.   From 2:01 p.m. until 2:39 p.m., appellant gave yet another statement.

Appellant filed a motion to suppress all four statements.   The trial court granted Appellant's motion to suppress as to the first, second, and third statements but denied the motion as to the fourth.   Appellant's fourth statement, however, was never introduced into evidence before the jury.   We have held that where evidence obtained as a result of an interrogation has not been used, the appellate court need not entertain a complaint attacking admissibility of that evidence.   e.g., Kraft v. State, 762 S.W.2d 612, 613 (Tex.Cr.App.1988) (when statement is not used by State either as evidence or otherwise to obtain a plea or conviction appellate court need not entertain a point of error attacking admissibility of that evidence);  Stiggers v. State, 506 S.W.2d 609, 611 (Tex.Cr.App.1974) (no evidence obtained as a result of alleged illegal arrest was introduced into evidence, therefore, no reversible error);  Ferguson v. State, 571 S.W.2d 908, 909 (Tex.Cr.App.1978) (overruled on other grounds) (“Where no evidence obtained as a result of a search is introduced in evidence, no error with respect to such search is presented for review”).   Thus, even if the denial of his motion as to the fourth statement were error, it would appear that because the fourth statement was not introduced at trial, appellant would be unable to show harm in the trial court's refusal to grant the motion to suppress.   Tex.R.App.Proc. 81(b)(2).   Point of error one is overruled.

In point of error two, appellant contends that the trial court erred in refusing to exclude evidence obtained from a search of his apartment.   The police conducted this search pursuant to a written consent to search form that appellant signed.   Appellant contends that the consent to search and the resulting items found were obtained as a result of the Miranda violation alleged in his first point of error.   He argues that the evidence obtained should be excluded as fruits of illegal activity in accordance with Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963) and Article 38.23.   We disagree.

 The “fruit of the poisonous tree” doctrine espoused in Wong Sun does not apply to mere violations of the prophylactic requirements in Miranda:  while the statement taken in violation of Miranda must be suppressed, other evidence subsequently obtained as a result of that statement (i.e. the “fruits” of the statement) need not be suppressed.  Michigan v. Tucker, 417 U.S. 433, 452, 94 S.Ct. 2357, 2368, 41 L.Ed.2d 182 (1974);  Oregon v. Elstad, 470 U.S. 298, 314, 105 S.Ct. 1285, 1296, 84 L.Ed.2d 222 (1985).   The rule in Wong Sun requires suppressing the fruits of a defendant's statement only when the statement was obtained through actual coercion.  Tucker, 417 U.S. at 448-449, 94 S.Ct. at 2365-67;  Elstad, 470 U.S. at 314, 105 S.Ct. at 1296.

 Both Tucker and Elstad involved the failure to give the required warnings rather than the failure to scrupulously honor warnings given.   See Tucker, 417 U.S. at 435, 94 S.Ct. at 2359;  Elstad, 470 U.S. at 300, 105 S.Ct. at 1288.   Neither the Supreme Court nor this Court has addressed whether the TuckerElstad rule applies to the fruits of statements made in the latter context.2  But the principle is the same:  mere noncompliance with Miranda does not result in a carryover taint beyond the statement itself.   The failure to scrupulously honor a suspect's invocation of his right to remain silent by continuing questioning is not necessarily coercive.   In finding an absence of coercion in Tucker, the Supreme Court noted that no legal sanctions, such as perjury or contempt, attached to a refusal to answer questions.  417 U.S. at 445, 94 S.Ct. at 2364.   Moreover, the case was unlike classical examples of coercion, which ranged from torture, to prolonged isolation from family or friends in a hostile setting, to a seemingly endless interrogation designed to exhaust the accused.  Id. at 448-449, 94 S.Ct. at 2365-67.   Likewise, continuing questioning after an accused's invocation of his right to silence does not, by itself, involve torture, isolation from family and friends, endless interrogation, the attachment of legal sanctions to the refusal to answer questions, or any other coercive activities.   One federal circuit has expressly applied the Tucker Elstad rule to the failure to scrupulously honor a suspect's invocation of his Miranda right to counsel.  Krimmel v. Hopkins, 44 F.3d 704, 708-709 (8th Cir.), vacated on other grounds, 56 F.3d 873 (1995).   We hold that the TuckerElstad rule applies to the failure to scrupulously honor the invocation of Miranda rights.   In the absence of actual coercion, the fruits of a statement taken in violation of Miranda need not be suppressed under the “fruits” doctrine of Wong Sun..

 The absence of a federal exclusionary rule, however, does not preclude the application of Article 38.23, which requires the exclusion of evidence obtained in violation of the law.  State v. Daugherty, 931 S.W.2d 268, 272-273 (Tex.Crim.App.1996) (Article 38.23 does not incorporate “inevitable discovery doctrine”).   Instead, whether a recognized exception to a federal exclusionary rule also applies to Article 38.23 depends upon whether the exception is consistent with the language of Article 38.23.  Johnson v. State, 871 S.W.2d 744, 749-751 (Tex.Crim.App.1994) (attenuation of the taint doctrine consistent with “obtained” language in Article 38.23);  Daugherty, 931 S.W.2d at 268 (inevitable discovery doctrine inconsistent with “obtained” language in Article 38.23).   The state exclusionary rule provides in relevant part:

No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case.

Article 38.23(a) (emphasis added).   The question that concerns us here is whether a violation of Miranda requirements constitutes a violation of the “Constitution or laws of the United States of America.”

In one case, we stated that Miranda fell within the ambit of Article 38.23.  Alvarado v. State, 853 S.W.2d 17, 21 (Tex.Crim.App.1993).   But, this statement was clearly dicta for two reasons:  (1) if Miranda had applied in that case, the federal exclusionary rule would have applied, so that reliance upon Article 38.23 would have been unnecessary, and (2) we held that Miranda did not apply, so we had no reason to reach the exclusionary rule question.   See Alvarado, 853 S.W.2d at 21 (holding that Miranda does not apply to statements taken in foreign jurisdictions;  “Because this is a question of interpretation of Miranda and whether it applies, we fail to see how the state and federal exclusionary rules would differ”).

The United States Supreme Court has repeatedly emphasized that the Miranda warnings are not themselves rights protected by the federal Constitution but are merely prophylactic measures designed to safeguard the underlying right against compelled self-incrimination.  Davis v. United States, 512 U.S. 452, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994);  New York v. Quarles, 467 U.S. 649, 654, 104 S.Ct. 2626, 2630-31, 81 L.Ed.2d 550 (1984);  Tucker, 417 U.S. at 444, 94 S.Ct. at 2363-64.   The Miranda rule “sweeps more broadly than the Fifth Amendment itself,” and “may be triggered even in the absence of a Fifth Amendment violation.”  Elstad, 470 U.S. at 306, 105 S.Ct. at 1292.   The rule often “provides a remedy even to the defendant who has suffered no identifiable constitutional harm.”  Id. at 307, 105 S.Ct. at 1292 (emphasis added).   A violation of the rule is not itself a substantive illegality but merely affords a legal, albeit irrebuttable, presumption that the right against compelled self-incrimination has not been intelligently exercised.  Id. at 306 n. 1 & 310, 105 S.Ct. at 1292 n. 1 & 1293-94.

The above discussion of Supreme Court precedent shows that the Miranda rule is simply a judicially imposed rule of evidence:  questioning in violation of Miranda is not itself illegal;  the answers to such questioning are simply inadmissible in court.   This rule of evidence was formulated out of a concern that a bright-line rule might be necessary to adequately protect a defendant's constitutional right against compelled self-incrimination, but even in Miranda, the Court “disclaimed any intent to create a ‘constitutional straitjacket’ and invited Congress and the States to suggest ‘potential alternatives for protecting the privilege.’ ”  Elstad, 470 U.S. at 307 n. 1, 105 S.Ct. at 1292 n. 1 (citing and quoting Miranda, 384 U.S. at 467, 86 S.Ct. at 1624).   Hence, the Miranda requirements embody an exclusionary rule or remedy rather than a substantive right or entitlement.   Statements taken in violation of Miranda are not obtained in violation of the law;  they are simply statements that are subject to a judicially imposed prophylactic rule of exclusion, whose purpose is to safeguard a constitutional right.   Therefore, mere violations of the Miranda rule are not covered by the state exclusionary rule contained in Article 38.23.

 Appellant contends in his supplemental brief that his statement was obtained through actual coercion.   If true, both Wong Sun and Article 38.23 would require a taint analysis.   But, appellant does not explain how investigator Ashley's questioning was coercive, and after reading the record, we discern no actual coercion present.   Neither Wong Sun nor Article 38.23 requires a “taint” analysis in the present case.   Point of error two is overruled.

Appellant maintains in his third point of error that his fourth statement and evidence derived therefrom, including the consent to search and the items seized, were inadmissible because the arresting officer failed to comply with Art. 15.17.3  Regarding the arresting officer's alleged impropriety, Appellant states in his brief:

․ The Appellant was not taken directly to the magistrate in Brazos County, Texas but to the police station in violation of Art. 15.17 Tex.Code Crim.Proc.   The error was preserved throughout trial.   This error was not harmless.

Appellant fails to cite in the record to where this error was preserved.   Nevertheless, contrary to appellant's assertion, the arresting officer complied with Article 15.17.  Article 15.17 and Article 15.18 require that a person who is arrested be taken before a magistrate in the county of arrest in order to be given his magistrate's warnings and have bail taken if allowed by law.   Officials took appellant before a magistrate in Bastrop County, the county of arrest, where he was given his magistrate's warnings.  Article 15.17 requires nothing more.   Appellant's third point of error is overruled.

 Appellant in his fourth point of error contends that the trial judge erred in not hearing appellant's motion for a new trial within the required 75 days.   See Tex.R.App.Proc. 31(e).   Appellant was sentenced on July 26, 1995, and filed a timely motion for new trial on August 25, 1995, with a request that the motion be set for a hearing.   Without objection from appellant the trial judge set a hearing for October 12, 1995, which fell outside the 75-day period.   After a rescheduling, the trial judge held the hearing for October 27, 1995, again without objection from appellant.

By failing to object to the untimely setting, Appellant has failed to preserve his complaint that the trial judge should have held a timely hearing.   Tex.R.App.Proc. 52(a).   Appellant's fourth point of error is overruled.

In appellant's fifth point of error, he complains that “[t]he trial court erred after evaluating the evidence at the motion for new trial hearing and stating the trial court would deny the motion for new trial.”   As noted in the previous point of error, the trial judge held a hearing on appellant's motion for new trial, even though more than 75 days had passed after sentence was imposed.  Texas Rule of Appellate Procedure 31(e) states in pertinent part:

(1) The court shall determine a motion for new trial within 75 days after date sentence is imposed or suspended in open court.

 *   *   *   *   *   *

(3) A motion not timely determined by written order signed by the judge shall be considered overruled by operation of law upon expiration of the period of time prescribed in section (e)(1) of this rule.

Thus, Appellant's motion for new trial had been overruled by operation of law before the trial court held the hearing.   Appellant cannot complain of the trial court's failure to grant a new trial because the trial court had no authority to do so.   See State ex rel. Cobb v. Godfrey, 739 S.W.2d 47, 49 (Tex.Crim.App.1987).   Appellant's fifth point of error is overruled.

Finding no reversible error, we affirm the judgment of the trial court.

FOOTNOTES

1.   Unless otherwise indicated all future references to Articles refer to Code of Criminal Procedure.

2.   In one case, this Court addressed a claim that certain overheard admissions made by the defendant to his mother over the telephone were the fruit of an earlier statement obtained in violation of Miranda.   Autry v. State, 626 S.W.2d 758, 763-765 (Tex.Crim.App.1982).   The earlier statement violated Miranda because the accused's invocation of his right to remain silent was not honored.  Autry, 626 S.W.2d at 763.   In holding that evidence of the subsequent conversation was admissible, we analyzed the issue under the attenuation of the taint doctrine and the independent source rule.  Id. at 764-765.   We found any taint to be attenuated but did not address whether an attenuation analysis was even necessary.

3.   Appellant frames his argument in terms of all statements, but all except the fourth statement were suppressed.

KELLER, Judge.



References:


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