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Price, J., delivered the opinion of the Court in which Keller, P.J., and Womack, Keasler, Hervey and Cochran, JJ., joined. Holcomb, J., filed a dissenting opinion in which Meyers and Johnson, JJ., joined.

OPINION

The appellant gave a videotaped statement in which he confessed to shooting Amanda Garza. He later pled guilty to her murder, and the trial court found him guilty and assessed punishment at ninety-nine years in prison. The Fourteenth Court of Appeals reversed and remanded, holding that the trial court erred when it denied the appellant’s motion to suppress the confession because the police had failed to memorialize the appellant’s Miranda warnings on the videotape as required by Code of Criminal Procedure Article 38.22, Section 3(a)(2).*fn1 We granted the State’s petition for discretionary review in order to determine (1) whether the court of appeals was correct in holding that the appellant preserved his Article 38.22 argument for appeal, and (2) whether the appellant was in custody when he gave his videotaped confession.*fn2 Because we hold that the appellant did not preserve his Article 38.22 argument for appeal, we reverse the court of appeals’s judgment.

 
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