In addition to the ground for review presented in the State's Petition for Discretionary Review, the Court grants discretionary review on its own motion and would request briefing from the parties on the following question:

For an appellate court to consider and decide the appeal of an adverse ruling by the trial court on a motion to suppress, must the record reflect actual evidence that was suppressed?

The Clerk of this Court will send copies of this order to the Court of Appeals for the Third District, the State Prosecuting Attorney, the County Attorney for Travis County, and Appellee.

Entered October 20, 2010

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