I have a trial where the defendant testified at the supression hearing but might not testify. Can I use it? Do I just introduce the record I had made? I was looking at CCP 39.01. Does that apply? does the party have to say its only for limited purpose of supression hearing or do I or judge have to say it can be used at trial? Any case law to help? Thanks!

You must find some way around this rule: "when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection." Simmons v. United States, 390 U.S. at 394, 88 S.Ct. at 976. Not sure there is one.

If he does testify at trial, you should be able to use his suppression testimony for impeachment -- if it conflicts with his trial testimony. United States v. Gomez–Diaz, 712 F.2d 949, 952 n. 1 (5th Cir. 1983) (“A defendant at a suppression hearing may testify without fear that that testimony will be used against him at trial except for impeachment.”); Cooper v. State, No. 03-00-00462-CR, 2001 WL 1241004 (Tex.App.-Austin October 18, 2001, no pet.) (not published)