Felix Edward Cantu v. State Texas

A jury convicted appellant of two counts of aggravated assault and assessed punishment at confinement for ninety-nine years and a $5,000.00 fine in each case. The Dallas Court of Appeals reversed the conviction and remanded for a new trial, holding that admission of testimony of a Department of Human Services (DHS) investigator as to statements made by appellant was improper and not harmless under Tex.R.App.Pro. 81(b)(2). Cantu v. State, 785 S.W.2d 1 (Tex.App.--Dallas 1990). We granted the States petitions to determine if the intermediate court erroneously decided that the absence of Miranda warnings prohibited the admission of appellants statements through the testimony of the DHS worker.