State v. Custodio
| Decision Date | 15 May 2001 |
| Docket Number | No. 25340.,25340. |
| Citation | 30 P.3d 975,136 Idaho 197 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Elias Manuel CUSTODIO, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Ronaldo A. Coulter, State Appellate Public Defender; Molly J. Huskey, Deputy Appellate Public Defender, Boise, for appellant. Molly J. Huskey argued.
Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.
Elias Manuel Custodio appeals from his judgments of conviction and sentences for voluntary manslaughter, I.C. § 18-4006(1); involuntary manslaughter, I.C. § 18-4006(2); aggravated battery, I.C. §§ 18-903(a), 18-907(b); burglary, I.C. § 18-1401; and sentence enhancements for use of a deadly weapon during the commission of the crimes. I.C. § 19-2520. We affirm in part, vacate in part, and remand.
On the morning of March 1,1998, Custodio accompanied a co-worker to a house located in Boise. Sometime shortly thereafter, Custodio was involved in an altercation with one of the persons present at the house and was asked to leave. Custodio left the house, but returned a short time later with a baseball bat in hand and a gun tucked in his waistband. A fight quickly ensued, during which Custodio shot and killed two men and wounded a third individual.
Custodio was arrested and charged with two counts of first degree murder, attempted murder in the second degree, aggravated battery, burglary, and sentence enhancements for use of a deadly weapon during the commission of the crimes. Custodio pled not guilty to all counts. Prior to trial, Custodio moved to suppress the statements contained in a videotaped interview with the police. The district court denied the motion following a hearing. The state filed a motion in limine seeking to prohibit Custodio from admitting character evidence concerning the victims' propensities for violence. The district court partially granted the state's motion, ruling that evidence concerning the victims' propensities for violence would be limited at trial to reputation and opinion testimony. Custodio then moved for a change of venue, which was denied by the district court.
A jury found Custodio guilty of voluntary manslaughter, involuntary manslaughter, aggravated battery, and burglary. In addition, the jury found that Custodio had used a deadly weapon in committing the first three offenses. The district court imposed an aggregate unified sentence of thirty years, with a minimum period of confinement of fifteen years. Custodio moved for a new trial on the basis of newly discovered evidence. Following a hearing, the district court denied the motion.
Custodio appeals, challenging the district court's denial of his motion to suppress, the district court's denial of his motion for change of venue, the district court's ruling limiting character evidence of the victims, and the district court's denial of his motion for a new trial. In addition, Custodio asserts that the district court imposed an illegal sentence or, in the alternative, that the district court abused its discretion in imposing his sentences.
On appeal, Custodio argues that the district court erred in denying his motion to suppress the statements contained in his videotaped interview with the police. Custodio contends that these statements should have been suppressed because they were taken without first obtaining a valid waiver of his Miranda1 rights. The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact which are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999).
When statements made by a defendant during the course of an in-custody interrogation are offered at trial, the state must establish a voluntary, knowing and intelligent waiver of the suspect's rights. State v. Luke, 134 Idaho 294, 297, 1 P.3d 795, 798 (2000). A trial court's conclusion that a defendant made a knowing and voluntary waiver of his or her Miranda rights will not be disturbed on appeal where it is supported by substantial and competent evidence. Luke, 134 Idaho at 297, 1 P.3d at 798. Whether a defendant knowingly and intelligently waived his or her Miranda rights is measured by reviewing the totality of the circumstances surrounding the waiver. State v. Dunn, 134 Idaho 165, 169, 997 P.2d 626, 630 (Ct.App.2000).
It is undisputed that Custodio signed a wavier of his Miranda rights prior to being questioned by the police. An express written statement waiving Miranda rights is strong, but not conclusive, evidence of voluntary waiver. State v. Mitchell, 104 Idaho 493, 497, 660 P.2d 1336, 1340 (1983). However, Custodio contends that he was intoxicated, fatigued, and in pain at the time that he signed the form. Custodio also asserts that the officers read him his rights in an extremely cursory manner, thereby minimizing the significance of the waiver. In light of these factors, Custodio asserts that he did not knowingly and intelligently waive his Miranda rights.
This Court has previously recognized that intoxication is one circumstance which must be considered in evaluating whether under the totality of the circumstances a defendant's waiver was valid. See State v. Alger, 115 Idaho 42, 46, 764 P.2d 119, 123 (Ct.App.1988)
. However, evidence of intoxication does not automatically signify that a waiver is invalid. Id. In this case, the district court noted that the evidence submitted at the evidentiary hearing regarding Custodio's intoxication was in conflict. However, after reviewing the videotape of the interview and listening to the testimony presented at the evidentiary hearing, the district court concluded that Custodio was not under the influence of alcohol to an extent which impaired his ability to execute a valid waiver of his Miranda rights.
A review of the videotape of Custodio's interview with police shows Custodio to be fully responsive to the questions propounded to him. Custodio's answers were coherent and understandable. At one point during the interview, Custodio snatches a flying insect out of the air, a task requiring a substantial amount of motor coordination. Although Custodio's treating physician at the hospital deemed him to be "very intoxicated," this physician also testified that Custodio appeared alert and oriented while he was being treated. Thus, the record supports the district court's finding.
Custodio next claims that his fatigue precluded him from entering a knowing and intelligent waiver of his Miranda rights. In its order denying Custodio's motion to suppress, the district court acknowledged that Custodio appeared tired during the interview, but determined that this fatigue did not render Custodio incapable of validly waiving his Miranda rights. The videotape shows that Custodio responded effectively to the questions posed by the officers. When asked to spell his surname, Custodio did so quickly and correctly. At one point, Custodio even joked with the officers indicating his desire for a cot. Based on this evidence, we conclude that there was substantial and competent evidence to support the district court's finding regarding this factor.
Custodio also asserts that his waiver was involuntary in light of the pain that he was experiencing at the time that he executed the waiver. The videotape reveals that Custodio never indicated to the police any physical discomfort other than general fatigue. In addition, Custodio's treating physician at the hospital described Custodio's injuries as "superficial abrasions and cuts." Thus, we conclude that Custodio's assertion that he was in pain to such an extent that it interfered with his ability to waive his Miranda rights is without merit.
Finally, Custodio asserts that the waiver was invalid because of the cursory manner in which he was read his Miranda rights and presented with the waiver form. Although the district court found that the officer took a casual approach in presenting Custodio with the Miranda waiver, the district court nonetheless determined that the officer had appropriately read Custodio his rights and informed him that if he did not understand any of these rights that they would be explained further to him. Our review of the record supports the district court's findings.
We conclude that there was substantial and competent evidence to support the district court's factual findings. Therefore, we hold that Custodio has failed to show that the district court erred in denying his motion to suppress.
Custodio's motion for change of venue alleged that pretrial publicity had been extraordinary and inflammatory. Because of the numerous newspaper articles regarding this case, Custodio asserted that juror impartiality would be adversely affected. Custodio argues on appeal that it was error for the district court to deny the motion for change of venue.
A trial court's decision on a motion to change venue is discretionary in nature. State v. Gray, 129 Idaho 784, 800, 932 P.2d 907, 923 (Ct.App.1997). Error in regard to a trial court's denial of a motion for change of venue cannot be predicated on the mere existence of pretrial publicity concerning a criminal case. Id. Instead, the validity of a court's decision to try a case in a particular venue is tested by whether, in a totality of existing circumstances, juror exposure to pretrial...
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