State v. Saldierna
Decision Date | 18 July 2017 |
Docket Number | No. COA14-1345-2,COA14-1345-2 |
Citation | 254 N.C.App. 446,803 S.E.2d 33 |
Court | North Carolina Court of Appeals |
Parties | STATE of North Carolina v. Felix Ricardo SALDIERNA |
Attorney General Roy Cooper, by Assistant Attorney General Jennifer St. Clair Watson, for the State.
Goodman Carr, PLLC, Charlotte, by W. Rob Heroy, for defendant.
Where the totality of the circumstances shows that the juvenile defendant did not knowingly, willingly, and understandingly waive his rights pursuant to the State and federal constitutions or N.C. Gen. Stat. § 7B-2101(d), the trial court erred in denying defendant's motion to suppress his statement made to an interrogating officer, and we reverse, vacate, and remand.
Juvenile defendant Felix Ricardo Saldierna was arrested on 9 January 2013 at his home in South Carolina in connection with incidents involving several homes around Charlotte that had been broken into on 17 and 18 December 2012.1 Before questioning, the detective read defendant his rights and asked whether he understood them. Defendant ultimately signed a Juvenile Waiver of Rights form, of which defendant had been given two copies—one in English and one in Spanish. After initialing and signing the English language form, Felix, who was sixteen years old at the time, asked to call his mother before undergoing custodial questioning by Detective Kelly of the Charlotte-Mecklenburg Police Department. The call was allowed, but defendant could not reach his mother. The custodial interrogation then began. Over the course of the interrogation, defendant confessed his involvement in the incidents in Charlotte on 17 and 18 December 2012.
Saldierna , 369 N.C. at ––––, 794 S.E.2d at 476–77 (footnote omitted) (citations omitted). The Supreme Court of North Carolina granted the State's petition for discretionary review. Id. at ––––, 794 S.E.2d at 477.
In reviewing this Court's opinion in Saldierna , the Supreme Court reasoned that "[a]lthough defendant asked to call his mother, he never gave any indication that he wanted to have her present for his interrogation, nor did he condition his interview on first speaking with her." Id. at ––––, 794 S.E.2d at 479. As a result, the Supreme Court reversed the decision of the Court of Appeals "[b]ecause defendant's juvenile statutory rights were not violated[.]" Id. However, in doing so, the Supreme Court noted that "[e]ven though we have determined that defendant's N.C.G.S. § 7B-2101(a)(3) right [ (to have a parent present during questioning) ] was not violated, defendant's confession is not admissible unless he knowingly, willingly, and understandingly waived his rights." Id. (citing N.C.G.S. § 7B-2101(d) ). Thus, the case was remanded to this Court "for consideration of the validity of defendant's waiver of his statutory and constitutional rights." Id.
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As the Supreme Court of North Carolina has determined that defendant's N.C.G.S. § 7B-2101(a)(3) right was not violated as "defendant's request to call his mother was not a clear invocation of his right to consult a parent or guardian before proceeding with the questioning[,]" Saldierna , ––– N.C. at ––––, 794 S.E.2d at 475, the question before us now on remand is whether defendant knowingly, willingly, and understandingly waived his rights under section 7B-2101 of the North Carolina General Statutes and under the constitutions of North Carolina and the United States, so as to make his confession admissible. We conclude that he did not.
"The standard of review in evaluating the denial of a motion to suppress is whether competent evidence supports the trial court's findings of fact and whether the findings of fact support the conclusions of law." State v. Biber , 365 N.C. 162, 167–68, 712 S.E.2d 874, 878 (2011) (citing State v. Brooks , 337 N.C. 132, 140–41, 446 S.E.2d 579, 585 (1994) ). Findings of fact [as to whether a waiver of rights was made knowingly, willingly, and understandingly] are binding on appeal if [they are] supported by competent evidence, State v. Cooke , 306 N.C. 132, 134, 291 S.E.2d 618, 619 (1982) (citations omitted), while conclusions of law [regarding whether a waiver of rights was valid and a subsequent confession voluntary,] are reviewed de novo, State v. Ortiz-Zape , 367 N.C. 1, 5, 743 S.E.2d 156, 159 (2013) (citing Biber , 365 N.C. at 168, 712 S.E.2d at 878 ), cert. denied , ––– U.S. ––––, 134 S.Ct. 2660, 189 L.Ed.2d 208 (2014).
Id. at ––––, 794 S.E.2d at 477.
Id. at 457–58, 700 S.E.2d at 770 (quoting N.C. Gen. Stat. § 7B-2101(a)(1)–(4) (2009) ). "Previous decisions by our appellate division indicate the general Miranda custodial interrogation framework is applicable to section 7B-2101." Id. at 458, 700 S.E.2d at 770 (citing In re W.R. , 363 N.C. 244, 247, 675 S.E.2d 342, 344 (2009) ); see id. at 459, 700 S.E.2d at 771 .
"Before admitting into evidence any statement resulting from custodial interrogation,[2 ] the court shall find that the juvenile knowingly, willingly, and understandingly waived the juvenile's rights." N.C. Gen. Stat. § 7B-2101(d) (2015) ; State v. Oglesby , 361 N.C. 550, 555, 648 S.E.2d 819, 822 (2007) .3
"Whether a waiver is knowingly and intelligently made depends on the specific facts and circumstances of each case, including the background, experience, and conduct of the accused." State v. Simpson , 314 N.C. 359, 367, 334 S.E.2d 53, 59 (1985) (citations omitted). "When determining the voluntariness of a confession, we examine the ‘totality of the circumstances surrounding the confession.’ " State v. Hicks , 333 N.C. 467, 482, 428 S.E.2d 167, 176 (1993) (quoting State v. Barlow , 330 N.C. 133, 140–41, 409 S.E.2d 906, 911 (1991) ), abrogated by State v. Buchanan , 353 N.C. 332, 543 S.E.2d 823 (2001). Furthermore, "an express written waiver, while strong proof of the validity of the waiver, is not inevitably sufficient to establish a valid waiver." Simpson , 314 N.C. at 367, 334 S.E.2d at 59 (emphasis added) (citation omitted).
"The State must show by a preponderance of the evidence that the defendant made a knowing and intelligent waiver of his rights and that his statement was voluntary." State v. Flowers , 128 N.C.App. 697, 701, 497 S.E.2d 94, 97 (1998) (citing State v. Thibodeaux , 341 N.C. 53, 58, 459 S.E.2d 501, 505 (1995) ). Indeed, "the burden upon the State to ensure a juvenile's rights are protected is greater than in the criminal prosecution of an adult." In re M.L.T.H. , 200 N.C.App. 476, 489, 685 S.E.2d 117, 126 (2009) (citing In re T.E.F. , 359 N.C. 570, 575, 614 S.E.2d 296, 299 (2005) ); see also Simpson , 314 N.C. at 367, 334 S.E.2d at 59 (...
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