State v. Mattox
| Decision Date | 07 June 1976 |
| Docket Number | No. 3291,3291 |
| Citation | 550 P.2d 630,113 Ariz. 252 |
| Parties | The STATE of Arizona, Appellee, v. Michael O'Day MATTOX, Appellant. |
| Court | Arizona Supreme Court |
Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Robert S. Golden, Asst. Attys. Gen., Phoenix, for appellee.
Ross P. Lee, Maricopa County Public Defender, by Rudolph J. Gerber, Deputy Public Defender, Phoenix, for appellant.
This is an appeal from a judgment of guilt to two counts of burglary, A.R.S. § 13--302; grand theft, § 13--661 and § 13--663; theft of a motor vehicle, A.R.S. § 13--672(C); and first degree murder, A.R.S. § 13--452. As punishment for theft of a motor vehicle, a misdemeanor, defendant was sentenced to time served in the Maricopa County Jail, and he was given a sentence of not less than three years nor more than four years on each of the burglary counts and on the grand theft count. Defendant was sentenced to life in prison without possibility of parole until he has served 25 calendar years at the Arizona State Prison for the crime of first degree murder. All of the sentences were concurrent and commenced on the date of his arrest, 17 October 1974.
We must answer the following question: Did the trial court err in failing to suppress defendant's confession?
The facts necessary for a determination of this matter on appeal are as follows. Michael Paul Smear was found strangled to death in his trailer located at 2200 West Van Buren in Phoenix, on 11 October 1974. Police officers discovered Smear's body lying on his bed with a knotted pillowcase tied around his neck. The victim's wallet, a number of guns, and his motor vehicle, a Ford Ranchero pickup, were missing. The fingerprints of Michael O'Day Mattox, a juvenile approximately 17 years and 11 months old, were found inside Smear's trailer and motor vehicle which was subsequently recovered near 20th Avenue and Polk.
Police Officer Robert Calleo, who is assigned to the Homicide Detail, went to the home of Michael Mattox at 9:05 a.m. and informed him, in the presence of his mother and father, that they were going to take him to the police station to discuss the death of Michael Smear, compare fingerprints and take photographs. At this time, neither Mattox nor his parents were advised that he was a homicide suspect. Mattox was not accompanied by his parents to the police station. Prior to questioning Mattox, Officer Calleo read him the Miranda warnings from the standard rights card issued to all police officers. Mattox signed the rights card, stated that he understood his rights, and voluntarily agreed to answer questions.
Officers Calleo and Aurelius then questioned Mattox for two and one-half hours. After approximately two hours of interrogation, Mattox was advised that he was under arrest for burglary, grand theft, and murder. Twenty minutes later Mattox admitted killing Smear. In an information filed 8 January 1975, Mattox was charged with the first degree murder of Smear, burglary of Smear's trailer, grand theft, theft of a motor vehicle, and a separate burglary, on another date, of the Palmcroft Baptist Church. The defendant agreed to submit the issue of his guilt or innocence to the court on the basis of preliminary hearing transcripts and police reports. On 23 April 1975, Mattox was found guilty of all counts, except he was found not guilty of theft of a motor vehicle, a felony, A.R.S. § 13--672(A), but was found guilty of theft of a motor vehicle, a misdemeanor, A.R.S. § 13--672(C). From these judgments of guilt defendant appeals.
Mattox argues that the trial court erred by failing to suppress his confession. We disagree. Rule 18 of the Rules of Procedure of Juvenile Court, 17 A.R.S., reads as follows:
'Statement of a Child
'No extra-judicial statement to a peace officer or court officer by the child shall be admitted into evidence in juvenile court over objection unless the person offering the statement demonstrates to the satisfaction of the court that: The statement was voluntary and before making the statement the child was informed and intelligently comprehended that he need not make a statement, that any statement made might be used in a court proceeding, and that he had a right to consult with counsel prior to making a statement and during the taking of the statement, and that, if he or his parents, guardian or custodian could not...
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State v. Perez
...See, e.g., In re Appeal in Pinal County, Juvenile Action No. J-677, 134 Ariz. 502, 503, 657 P.2d 915 (1982); State v. Mattox, 113 Ariz. 252, 254-55, 550 P.2d 630 (1976); People v. Prude, 66 Ill.2d 470, 475-76, 6 Ill.Dec. 689, 363 N.E.2d 371, cert. denied, 434 U.S. 930, 98 S.Ct. 418, 54 L.Ed......
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...confession is defined by the standard set forth in rule 18, Arizona Rules of Procedure for the Juvenile Court. State v. Mattox, 113 Ariz. 252, 550 P.2d 630 (1976). Rule 18 No extra-judicial statement to a peace officer or court officer by the child shall be admitted into evidence in juvenil......
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