# Castillo v. State > Court of Criminal Appeals of Texas · June 12, 1991 · 810 S.W.2d 180 URL: https://www.frixlaw.com/law-library/cases/9774511 ## Case - **Full name:** Josephine CASTILLO, Ysidro Castillo Sr., and Jose Morones, v. the STATE of Texas, Appellee - **Court:** Court of Criminal Appeals of Texas - **Decided:** June 12, 1991 - **Citations:** 810 S.W.2d 180 - **Precedential status:** Published - **Opinion:** Concurrence by Clinton - **Judges:** Campbell, Clinton, McCormick, Teague, Sturns - **Cited by:** 52 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9774511 ## How later opinions describe it (automated extraction) - concluding that the language of the Texas wiretap statute stating that "only the judge of competent jurisdiction for the administrative judicial district in which the proposed interception will be made may act on an application," established territorial restrictions and, there… - noting that the Court should consider the statutory construction of the federal wiretap statute by other courts because the definition of “intercept” in Article 18.20 was borrowed from the federal wiretap statute - finding argument inadequately briefed and refusing to address it where defendant failed to identify part of record where issue was preserved - explaining the Court need not address arguments not supported by reference to the record where an argument was made to the trial court ## Opinion text CLINTON, J., joins the opinion of the Court on the merits, but would remand the *186 cause to the Waco Court of Appeals for a harm analysis in the first instance. STURNS, J., not participating. APPENDIX State’s Exhibit No. 10A: Intercepted telephone conversation of April 13, 1987, between Chris Castillo and his parents, Josephine and Ysidro Castillo Sr. CHRIS: No. But I called a couple of times. Nobody answered. JOSEPHINE: Well, we were here inside the house. (Inaudible) But it rained so much that it messed up the line or something because when you.... I was trying to call the tax office ... CHRIS: Ah-ha! JOSEPHINE: ... and I had just hung up.... ‘cause I asked them two ladies for the number and ... CHRIS: Ah-ha! JOSEPHINE: ... she give me the number in Waxahachie. CHRIS: Ah-ha! JOSEPHINE: And then.... But I hung up the phone, and then I picked it up, and I tried to dial out.... Somebody was on the line. CHRIS: Ah-ha! JOSEPHINE: It was Johnny, Carolina’s brother. CHRIS: Who? John? JOSEPHINE: Ah-ha! He said, “I was having a lot of trouble to get your line.” (Pause) (Background noise) YSIDRO: Hello. CHRIS: What are you doing, Dad? YSIDRO: Nothing, son. I just finish arriving from Waxahachie. CHRIS: Has Curly called you? YSIDRO: No. CHRIS: Because he called me this morning. YSIDRO: Ah-ha. CHRIS: I’ve been trying to call over there because he told me that he was going to talk to you. YSIDRO: Oh. CHRIS: He told me a person had called. YSIDRO: Ah-ha. CHRIS: And that if there was any chance you could help him with one. YSIDRO: Ah-ha. CHRIS: And he said, you know, that the job was good. YSIDRO: Ah-ha. CHRIS: But if you could help him with one because that was all you need to give him. And he was just telling me_ Ralph just called me a little while ago. YSIDRO: Uh. CHRIS: The white boy says, “Yeah!” YSIDRO: Uh. CHRIS: You know, he wanted, he wanted to do just one complete job, too. YSIDRO: Ah-ha! CHRIS: Just one quick one, you know? And Curly called me, and then I tried to call over there.... (Inaudible) Then the phone just been ringing and ringing. I could never get through. YSIDRO: No. He’ll call after while. CHRIS: Yeah. (Inaudible) He had told me to try to call, you know. To tell you to call him about noon. YSIDRO: Yes. But the things are to unload the material. Where will he see? That’s why he doesn’t want to. CHRIS: Yeah. But ... YSIDRO: But.... CHRIS: ... later he said, he said that he, he told us that he would bring a small truck to go over there. Only with the one. YSIDRO: Uh, I don’t think so! CHRIS: I don’t think so, either. YSIDRO: Ah, no. They go.... CHRIS: But if it works like that, it will be alright. Still_ Because the white boy said that he would come and send everything. All in full. But I, I know he wants to see everything. YSIDRO: Ah-ha. Me, too! We have to.... We haven’t, we haven’t done anything here in the ranch now. CHRIS: Yeah! YSIDRO: If they want to come with the payment of the light. CHRIS: Yeah. YSIDRO: Well, I’m going to wait for Chris to call_ Or that one. *187 CHRIS: Okay. I going to go over there. YSIDRO: Good. CHRIS: (Inaudible) ... well, to talk about what happened yesterday. (Sighs) YSIDRO: What happened, man? CHRIS: Oh, nothing much. The, the Puer-to Rican that I told you about.... YSIDRO: Ah-ha. CHRIS: ... El Rick ... YSIDRO: Ah-ha! CHRIS: We found him yesterday. YSIDRO: You found him? CHRIS: Yeah! Because someone stole his car. YSIDRO: No, man! CHRIS: Yes. He had all of the money in the car. That’s what he says. YSIDRO: Oh, that’s bullshit. CHRIS: Yeah. But.... YSIDRO: Did he owe you a lot? CHRIS: Ha? Do you remember of the 37 feet of pipe? YSIDRO: Ah-ha! CHRIS: But two of those. YSIDRO: And then they didn’t pay mine, either? CHRIS: Ha? Yes. They had already paid yours. YSIDRO: Oh, that’s bullshit! That hard-head. CHRIS: Yeah! But I found him last night. YSIDRO: Uh, why didn’t he call or anything? CHRIS: No. That’s the thing. He hadn’t called because he said he was afraid. Because they stole his car with all of the money in the car. YSIDRO: That’s bullshit. The hardhead. CHRIS: Yeah! But he showed us where he lived because he never got in touch with us or nothing. YSIDRO: Uh. CHRIS: And then finally, finally there last night we found out where. Do you remember Mike? YSIDRO: Uh-huh! CHRIS: The white boy? YSIDRO: Uh-huh! CHRIS: He got hold of him and everything and met him somewhere, and then when I got out of the truck, he gave up. He left running. YSIDRO: No, man! CHRIS: Yes. Then he jumped the fence, and I went after him, and Ralph ... (laughs) ... went in a little car so he couldn’t see.... (Gap due to tape change) CHRIS: I told him, “Let’s just sit down and talk,” and he kept telling me of how they stole his car and everything. YSIDRO: That’s bullshit. The hardhead. CHRIS: Well, I’ll see you in a little while. YSIDRO: Okay! CHRIS: Okay! YSIDRO: Okay. I’ll see you. CHRIS: Okay. Bye. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9774511. Public record. Not legal advice.