concurring.
I agree that the conviction should be affirmed but I would not paint with as broad a brush as the majority elects to do.
Appellant does not invoke Article I, Section 10 of the Texas Constitution and I would not unnecessarily burden the opinion with references to it.
As I understand the record, appellant was given the option of either submitting to an intoxilizer test or being video taped. Upon refusing the intoxilizer test appellant was taken into a special room equipped for video taping of persons suspected of being intoxicated.
While there appellant was read his Miranda 1 warnings and fully advised that he would be subjected to a sobriety test while being filmed. He was further advised that he did not have to participate in the test but if electing to do so, could terminate the test at any time. He was further advised that he would continue to be video taped in any event.
A viewing of the video tape included in the appellate record evidences appellant’s willingness to voluntarily participate in the sobriety test. Moreover the video portion appears to conclusively establish nothing other than that appellant performed the required procedures without significant event. In my opinion the trial court’s viewing of the video tape could not have influenced the court nor harmed appellant in any manner. The video display of appellant in itself, violates no privilege against self incrimination. Carpenter v. State, 169 Tex.Cr.R. 283, 333 S.W.2d 391 (1960); Housewright v. State, 154 Tex.Cr.R. 101, 225 S.W.2d 417 (1949); see also Palmer v. State, 604 P.2d 1106 (Alaska 1979); State v. Strickland, 276 N.C. 253, 173 S.E.2d 129 (1970); State v. Fellows, 47 Ohio App.2d 154, 352 N.E.2d 631 (1975).
Moreover the other testimonial evidence clearly sufficed to support the conviction independent of any reference to the video tape.
I concur in the affirmance.
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).