In Rodriguez v. State, 844 S.W.2d 744, 745 (Tex. Crim. App. 1992), this Court unanimously held that, where no witnesses were called and no evidence was presented at a hearing on a motion to suppress, the trial court was permitted, pursuant to Art. 28.01, 1(6), to determine the merits of the motions "on the motions themselves, or upon opposing affidavits, or upon oral testimony, subject to the discretion of the court." The Court unanimously concluded that the court of appeals should have considered Rodriguez's motions and the attached affidavit in determining the merits of the motions. Id.