In Fuller v. State, 829 S.W.2d 191, 201-02 (Tex. Crim. App. 1992), cert. denied, 508 U.S. 941 (1993), the court of criminal appeals similarly held that article 38.23 did not require suppression of an incriminating audiotape that Fuller had given to a fellow inmate, that was stolen by a third inmate, and that was given to prison officials. 829 S.W.2d at 201-02. The court held the theft of the tape by the third inmate from the second inmate did not violate any of Fuller's rights; thus, Fuller did not have standing to complain about the theft, and article 38.23 did not require the tape's exclusion. Id. at 202.