Rene Rivera Hernandez v. State, 14-15-00045-CR

Appellant Rene Rivera Hernandez was tried and convicted of aggravated assault with a deadly weapon; jury assessed 10 years confinement with suspension recommendation and $10,000 fine.
Trial occurred November 18, 2014; appellate record filed in the Fourteenth Court of Appeals, No. 14-15-00045-CR.
On appeal, Hernandez argued he was denied his Sixth Amendment right to a speedy trial because he was tried almost six years after formal accusation.
The State contended the appellant never presented a speedy-trial motion or a hearing record in the trial court, and thus did not preserve the issue for appeal.
The State argued appellate review is limited to the record before the trial court and that the appellant bears the burden to develop the record showing trial court error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hernandez was denied his constitutional right to a speedy trial	Hernandez: trial occurred almost six years after formal accusation, violating speedy-trial right	State: Hernandez never demanded a speedy trial in trial court, produced no motion or hearing record; issue not preserved	Issue not preserved for appellate review; appellant failed to develop record showing a trial-court speedy-trial claim

Amador v. State, 221 S.W.3d 666 (Tex. Crim. App.) (appellant bears burden to develop appellate record to show trial court error)
Whitehead v. State, 130 S.W.3d 866 (Tex. Crim. App.) (appellate procedure cannot be used to create new evidence)
Newman v. State, 331 S.W.3d 447 (Tex. Crim. App.) (Barker factors guide speedy-trial review)
Henson v. State, 407 S.W.3d 764 (Tex. Crim. App.) (speedy-trial claim must be raised in trial court to preserve for appeal)
Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court) (four-factor test for speedy-trial claims)