State v. Cortes-Serrano
| Decision Date | 17 March 2009 |
| Docket Number | No. COA08-591.,COA08-591. |
| Citation | 673 S.E.2d 756 |
| Parties | STATE of North Carolina v. Alex CORTES-SERRANO. |
| Court | North Carolina Court of Appeals |
Roy Cooper, Attorney General, by Alexandra S. Gruber, Assistant Attorney General, for the State.
William D. Spence, Kinston, for defendant-appellant.
Alex Cortes-Serrano ("defendant") appeals from the judgment entered upon his conviction by a jury of two counts of statutory rape. For the reasons stated below, we find no error.
At trial, the State presented evidence which tended to show that on 12 September 2005, defendant was arrested on charges of burglary, kidnapping, and sexual assault in connection with a home invasion that occurred in Brunswick County. Defendant was taken into custody together with his roommate, McCormick Cassiano ("Cassiano"), who was also a suspect in the home invasion. Subsequently, Cassiano provided deputies with information that defendant had been sexually involved with K.N., a juvenile. Defendant was escorted to the children's interview room at the Brunswick County Sheriff's Department and interviewed there by Detective Simpson. An audio-video recording was made of the interview and is included in the record on appeal. Prior to questioning, Detective Simpson advised defendant of his Miranda rights. Defendant indicated that he understood each of his rights and signed a Miranda waiver form, writing his birth date as 29 March 1984 beside his signature.
After signing the Miranda waiver form, defendant proceeded to describe his relationship with K.N., the daughter of his twin brother's girlfriend. Defendant admitted to having sexual intercourse with K.N. in July and August of 2005, when K.N. was thirteen years old and defendant was twenty-one years old. Defendant also stated that he knew his relationship with K.N. was wrong, and that he could go to jail for it. When defendant expressed concern that he would "go to jail for the rest of [his] life," Detective Simpson responded, Detective Simpson told defendant that she Detective Simpson also indicated that due to the number of times defendant had admitted having sex with K.N., the State would likely not "stack charges" against defendant. However, Detective Simpson informed defendant that all she could do "is go to the D.A. and tell him what the evidence is," and that the District Attorney's office would then decide the charges. Later she reiterated, "Honestly, I can't say what will happen."
During the interview, which lasted approximately one hour and fifteen minutes, defendant, who was wearing no shirt, wrapped himself in a blanket given to him by deputies. Although his legs were shackled, defendant's hands were free and he frequently gestured with his hands while talking. Later in the interview, defendant allowed the blanket to fall around his waist and legs, and did not appear to be uncomfortable as he answered Detective Simpson's questions. Defendant did not indicate that he desired to speak with an attorney or to cease speaking with Detective Simpson. Following the interview, Detective Simpson stated, "If you want to write a statement, I'll give you a piece of paper." Defendant later wrote a statement in which he admitted to having sex with K.N. "about 10 times in 2 month period [sic]," noting "I din't [sic] forse [sic] her no time."
Based on the evidence gathered by Detective Simpson, defendant was subsequently indicted by the Brunswick County Grand Jury on two counts of statutory rape, in violation of N.C.G.S. § 14-27.7A(a). Prior to trial, defendant made a motion in limine, seeking to preclude evidence at trial of unrelated crimes or acts committed by defendant. The trial court allowed the motion, but warned, "He better not open the door." Also prior to trial, defendant moved to suppress the statement made to Detective Simpson, arguing that the statement was made in violation of his constitutional rights. After a voir dire hearing at which the trial court reviewed the audio-video recording of Detective Simpson's interview with defendant and heard evidence and arguments, the trial court made the following findings of fact relevant to this appeal:
5. That the defendant was given his Miranda warnings and waived same in the Brunswick County Sheriff's Department, said warnings were recorded on video and introduced as State's Exhibit Voir Dire #1;
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8. That the defendant did not complain and appeared to be coherent answering Detective Simpson's questions and appeared to understand said questioning;
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10. That defendant did appear to be cold and a blanket was provided for him;
11. When he requested water it was provided for him;
12. That the only Law Enforcement Officer in the room was Detective Simpson;
13. That there was no threat, or suggested violence, or show of violence by Detective Simpson to persuade or induce the defendant to make a statement;
14. That during the interview the defendant freely admitted to crimes Detective Simpson did not know about and to having sexual relations with a 13 year old, said charges presently before this Court;
15. That during the interview Detective Simpson told the defendant that she has seen those who have raped children receive probation and that they are not going to stack charges;
16. That Detective Simpson further said it would be up to the District Attorney's Office to decide the charges;
17. That after the interview the defendant was asked if he wanted to write a statement;
18. That defendant was provided pen and paper and wrote a statement, State's Exhibit Voir Dire # 3;
19. That under the totality of the circumstances, the defendant's confession was voluntarily and understandingly given;
20. That any false representations by Detective Simpson was [sic] not egregious or overreaching, and did not improperly induce hope or fear and did not promise any relief from any criminal charge;
Based on these and other findings of fact, the trial court concluded as a matter of law that:
1. None of defendant's Constitutional Rights, either Federal or State, were violated by his arrest and interrogation;
2. No promises or inducements for defendant to make a statement were made;
3. No threat or suggested violence or show of violence to persuade defendant to make a statement [was made];
4. The statement made by defendant to Detective Simpson on September 13, 2005 was made freely, voluntarily and understandingly;
5. The defendant fully understood his Constitutional Right to remain silent and his Constitutional Right to counsel and all other rights 6. The defendant freely, knowingly, intelligently and voluntarily waived each of those rights and thereupon made the statement to the above mentioned officer.
Based upon these conclusions, the trial court denied defendant's motion to suppress the recorded statement.
At trial, K.N.'s mother testified that K.N. was thirteen years old after 1 July 2005. K.N. also testified, describing how she met defendant when he moved into her mother's house in the summer of 2005, after her thirteenth birthday. K.N. testified that she and defendant had vaginal intercourse two or more times and oral sex one time in July and August of 2005, just before she entered the eighth grade.
Defendant also testified at trial, stating that he was born on 29 March 1984 and that he was twenty-one years old at the time he had sexual intercourse with K.N. Defendant testified that he had met K.N. after he was released from prison and began living with K.N.'s mother. He described how they became romantically involved and stated, "I do love her, man." Defendant also testified that, on the night of his arrest, he had been doing drugs and that, as a result, when he wrote his statement, he "didn't know what I wrote down." When asked why he would write that he had sex with K.N. ten times, instead of once or twice, defendant responded:
I really, it's just like, first, I was scared, man, because you know if I come to jail, you know, and they trying to tell me that I done raped a Mexican girl, whatever and first what they say they told me that—
After defendant's direct examination, the State, outside the presence of the jury, argued that it should be allowed to cross-examine defendant regarding the unrelated rape charges. The State contended that, although such evidence was initially precluded by defendant's motion in limine, defendant's testimony regarding the rape of "a Mexican girl" had opened the door to this evidence as relevant to defendant's credibility. The trial court informed counsel that it would listen carefully to the State's cross-examination of defendant and exclude anything "beyond what the DA should be addressing," but would otherwise allow the State to cross-examine defendant regarding the unrelated charges. When cross-examination resumed, the following exchange occurred:
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...by the evidence and whether its conclusions of law are, in turn, supported by those findings of fact." State v. Cortes-Serrano, ___ N.C. App. ___, ___, 673 S.E.2d 756, 762-63 (2009). "[T]he trial court's findings of fact `are conclusive on appeal if supported by competent evidence, even if ......
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