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Camarillo v. State

The appellants statement was not the product of custodial interrogation, because the officer merely identified himself as the officer who obtained the arrest warrants when appellant immediately made his unsolicited statement.

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Appellant Michael Ricardo Camarillo appeals his conviction for aggravated assault. See Tex. Pen. Code Ann. � 22.02 (West 1994). The jury found appellant guilty of aggravated assault as alleged in the third count of the indictment and assessed his punishment at twenty years’ imprisonment and a fine of $2,500. *fn2 The jury acquitted appellant of the offenses of aggravated sexual assault as charged in the first and second counts of the indictment.

Points of Error

Appellant advances two points of error. First, appellant contends that the trial court erred in admitting into evidence an incriminating oral statement in violation of the statutory law. See Tex. Code Crim. Proc. Ann. art. 38.22 (West 1979 & Supp. 2002). Second, appellant challenges the factual sufficiency of the evidence to sustain the conviction and claims that the admitted but tainted oral statement must not be considered in any factual sufficiency review.

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