video with a blow torch.
Over appellant's objection that the State had not laid the proper predicate, Jonathan testified at trial concerning the contents of the tape:
Daniel walked into the store with a small pistolwell, fairly large, but he walked in and he pointed the gun at the dude and said something. It was blurry. I couldn't understand it, and the next thing I know was a shot and that the dude fell out of sight and he went around the back and then [appellant] was out by the truck when the shot went off, but then he walked by the door ... and looked through the glass and then he went in and he looked over the counter and after that he went back, too, and he justthat the State might call Grigson to testify at the punishment phase. Monroe spoke with Grigson on the telephone later that week, and Grigson confirmed that the State had contacted him but that he was still unsure whether he would testify. After meeting with Grigson on the following day, Cavazos called Monroe from Dallas to inform the defense that she had decided to call Grigson. Monroe testified that, although Grigson's name had not appeared on the witness list, the State's disclosure provided him with three weeks notice that Grigson might testify. We conclude the State did not act in bad faith.
In addition, appellant could have reasonably anticipated Grigson's testimony in light of the State's announcement on the first day of the individual voir dire that it might call