Opinion
No. PD-0995-10
Delivered: January 26, 2011. DO NOT PUBLISH.
On Appellant's Petition for Discretionary Review, appeal from the Fifth Court of Appeals, Kaufman County.
OPINION
Appellant was convicted of murder and sentenced to 99 years confinement. On appeal, Appellant claimed that police used a deliberate "question first and warn later" technique when police gave a "midstream" Miranda warning as discussed by the Supreme Court in Missouri v. Seibert, 542 U.S. 600 (2004). The Court of Appeals affirmed, holding that Appellant's post- Miranda statement was not tainted by a statement that he gave to police before being given the Miranda warnings. Hunt v. State, No. 05-07-01408-CR (Tex. App.-Dallas, Marcy 16, 2009). Appellant petitioned this Court for discretionary review. When the Court of Appeals issued its opinion in this case, it did so without the benefit of this Court's opinions in Martinez v. State, 272 S.W.3d 615 (Tex. Crim. App. 2008), and Carter v. State, 309 S.W.3d 31 (Tex. Crim. App. 2010). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of Martinez and Carter, if any, on its reasoning and analysis in this case.