Moran v. State
| Decision Date | 10 August 2005 |
| Docket Number | No. 03-04-00140-CR.,03-04-00140-CR. |
| Citation | 171 S.W.3d 382 |
| Parties | Armando MORAN, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Supreme Court |
Erick A. Bovik, Bovik & Meredith, P.C., Austin, for appellant.
C. Bryan Case, Jr., Assistant District Attorney, Austin, for appellee.
Before Chief Justice LAW, Justices B.A. SMITH and PURYEAR.
A jury convicted Armando Moran of murder, and the court sentenced him to fifty years in prison. In this appeal, Moran raises a single point of error contending that the trial court improperly admitted his inculpatory statements. Because we hold that Moran's statements were the product of custodial interrogation by the police after he had invoked his right to counsel, we reverse the judgment of conviction and remand for further proceedings.
Moran's only point of error concerns the admission of his two written statements into evidence. Moran was convicted of the murder of Tony Alcantar. At the time, Moran was staying in Tony Alcantar's apartment along with Alcantar's fourteen-year-old daughter V.A.,1 Alcantar's ex-wife Hilda Alcantar, and her sons Jose and Jerry Garza. Jose's fourteen-year-old girlfriend, J.V., was also present during the events in question. Tony and Hilda Alcantar had a loud argument on the evening of May 17, 2002, during which Tony told Hilda and the others to move out of the apartment. Afterward, Moran left the apartment with Tony Alcantar. Moran returned momentarily and retrieved Tony Alcantar's gun. Later that evening, Moran returned alone and told Hilda Alcantar that he had shot Tony Alcantar in the head and left him near Town Lake.
Following the murder, Moran helped the others move their possessions out of Tony Alcantar's apartment, and they all spent the night at a motel. The next morning, Moran, Hilda Alcantar, and V.A. took a bus to Laredo; Jerry and Jose took Jose's girlfriend J.V. home and then drove to Laredo. Tony Alcantar's body was found near Town Lake that morning. He had been shot in the head, and his pistol was found on the ground about 20 feet away. The police identified the body from a driver's license found at the scene and subsequently sealed off Tony Alcantar's apartment. Later in the day, J.V.'s father called the police after visiting the apartment and seeing that it had been sealed as a crime scene. J.V. then told the police what had happened the night before.
Laredo police were contacted, and they located Moran, Hilda Alcantar, her sons, and V.A. All were interviewed at the Laredo police station. As a result of these interviews, Tony Alcantar's car was found by Austin police in a supermarket parking lot. Police found Tony Alcantar's jewelry hidden in the tire well of the car.
Laredo detectives Primo Guzman and Martin Guerra interviewed Moran. Guzman testified about his interview of Moran in a pretrial hearing and at Moran's trial. Guzman stated that he informed Moran of his rights, explained that he was assisting the Austin Police Department in a homicide investigation, and that Moran was a suspect. At that point, Moran told Guzman that he wanted to speak with an attorney. Guzman testified that he then told Moran, "That's fine, that was his right," but added that the detectives had already interviewed Hilda, Jose, and Jerry. Guzman stated that he and Guerra then got up and began walking toward the door. Guzman described Moran's response:
As we reached for the—I reached for the door, and Guerra was right behind me. I just opened it up. And [Moran] said, "simon," which means, yes, I will tell you, I will tell you what happened.
Guzman and Guerra returned to their seats and Moran began to discuss the murder. Guzman and Guerra then asked Moran to write out a statement. Moran was given a form entitled "Voluntary Written Statement." He placed his initials next to the following statements on that form:
(1) I have the right to remain silent and not make any statement at all and that any statement I make may be used against me in court;
(2) Any statement I make may be used in evidence against me in court;
(3) I have the right to have a lawyer present to advise me either prior to any questioning or during any questioning;
(4) If I am unable to employ a lawyer, I have the right to have a lawyer appointed to advise me prior to and during questioning; and (5) I have the right to terminate this interview at any time.
Guzman and Guerra left the room while Moran wrote out a statement. In his first statement, Moran wrote that he went with Tony Alcantar to Town Lake and the two began arguing. Moran wrote that the gun fell out of his jacket during the argument. Tony Alcantar grabbed for the gun, and Moran shot Tony Alcantar as Tony was running.
Guzman testified that he returned to the room after Moran had signed the statement and informed Moran that there might have been an eyewitness to the shooting.2 This prompted Moran to write a second statement. In this statement, Moran wrote that after he and Tony Alcantar had been fighting at Town Lake for "a good hour," Moran "ran in front of him, pulled the trigger and ran." He then left the gun at the scene of the murder.
Moran also testified at the pretrial hearing. He stated that he was intoxicated during the questioning and that he had not slept the since the day before. On direct examination, Moran stated that he did not recall making an oral statement but did remember making the written statements. On cross examination, Moran testified that he remembered informing Guzman that he wanted to speak with an attorney. Moran was then asked about what happened next:
Q. Do you remember what, what happened after you indicated you wanted to speak with an attorney?
A. Well, I remember—I don't remember what was said. I just remember him starting to walk out of the door.
Q. All right. What if anything do you remember happening when he started to walk out the door?
A. I believe I told him yes, I'll say something.
Q. And why did you say that?
A. Because I felt that, you know, I would be able to leave.
Q. What made you think that you would be able to leave if you said something versus not saying it?
A. Because I wasn't thinking clearly, sir.
Q. All right. So it wasn't anything that Detective Guzman said? It was just because you weren't thinking clearly?
A. Well, he said, you know, make it easier on yourself.
Q. When did he say that?
A. Right before he got up.
Moran added that his statement that he would tell Guzman what happened was made directly after Guzman's suggestion that Moran make it easier on himself.
Both of Moran's written statements were introduced at trial. Although witnesses testified that Moran made several oral statements to the police, the State did not attempt to introduce those statements at trial.
In his only point of error, Moran contends that the trial court erred by failing to suppress his written statements, which were the product of custodial interrogation after he had invoked his right to counsel. In reviewing a ruling on a motion to suppress, we give almost total deference to the trial court's determination of historical facts. See Balentine v. State, 71 S.W.3d 763, 768 (Tex.Crim.App.2002). We review de novo mixed questions of law and fact that do not turn on an evaluation of credibility and demeanor. Guzman v. State, 955 S.W.2d 85, 89 (Tex.Crim.App.1997); Hayes v. State, 132 S.W.3d 147, 151 (Tex.App.-Austin 2004, no pet.). The trial court entered findings of fact and conclusions of law stating only that Moran's written statements were freely and voluntarily made after he knowingly, intelligently, and voluntarily waived his Miranda rights.3
Moran relies on the "bright-line rule" set forth by the United States Supreme Court in Edwards v. Arizona; once a suspect invokes his right to counsel, all custodial interrogation must cease. See 451 U.S. 477, 484-85, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981); Cross v. State, 144 S.W.3d 521, 526 (Tex.Crim.App.2004); see also Miranda v. Arizona, 384 U.S. 436, 474, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) (). The Court stated that the purpose of the rule is to counteract the inherently compelling pressures of custodial interrogation and to permit a full opportunity for an individual to exercise the privilege against self incrimination. Arizona v. Roberson, 486 U.S. 675, 681, 108 S.Ct. 2093, 100 L.Ed.2d 704 (1988) (citing Miranda, 384 U.S. at 467, 86 S.Ct. 1602). "[T]he accused having expressed his own view that he is not competent to deal with the authorities without legal advice, a later decision at the authorities' insistence to make a statement without counsel's presence may properly be viewed with skepticism." Id.
The United States Supreme Court has repeatedly emphasized the virtue of a bright-line rule in cases following Edwards. See Roberson, 486 U.S. at 681, 108 S.Ct. 2093; Smith v. Illinois, 469 U.S. 91, 98, 105 S.Ct. 490, 83 L.Ed.2d 488 (1984). The Court explained that the value of "informing police and prosecutors with specificity as to what they may do in conducting custodial interrogation, and of informing courts under what circumstances statements made during such interrogation are admissible," outweighs the burden of excluding what may otherwise be relevant and trustworthy evidence. Roberson, 486 U.S. at 681-82, 108 S.Ct. 2093; see also Smith, 469 U.S. at 98, 105 S.Ct. 490 (); McCambridge v. State, 778 S.W.2d 70, 76 (Tex.Crim.App.1989) ().
This bright-line rule only applies to the actions of the police. A...
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...in light of the circumstances of the interaction between the police and the accused on each particular occasion." Moran v. State, 171 S.W.3d 382, 388 (Tex. App.-Austin 2005), rev'd, 213 S.W.3d 917 (Tex. Crim. App. 2007) (citing Morris v. State, 897 S.W.2d 528, 532 (Tex. App.-El Paso 1995, n......
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Moran v. State
...were the product of custodial interrogation by the police after appellant had invoked his right to counsel. See Moran v. State, 171 S.W.3d 382, 384 (Tex.App.-Austin 2005). We will Appellant filed a motion to suppress, generally alleging that the statements were obtained in violation of the ......