State v. Walton, No. 10968-2-III

CourtCourt of Appeals of Washington
Writing for the CourtSWEENEY; SHIELD, C.J., and THOMPSON
Citation64 Wn.App. 410,824 P.2d 533
Decision Date25 February 1992
Docket NumberNo. 10968-2-III
PartiesThe STATE of Washington, Respondent, v. Bobby Gene WALTON, Appellant.

Page 410

64 Wn.App. 410
824 P.2d 533
The STATE of Washington, Respondent,
v.
Bobby Gene WALTON, Appellant.
No. 10968-2-III.
Court of Appeals of Washington,
Division 3, Panel Four.
Feb. 25, 1992.
Review Denied June 3, 1992.

[824 P.2d 534]

Page 411

Thomas E. Cooney, Spokane, for appellant.

Kevin M. Korsmo, Deputy Prosecutor, Spokane, for respondent.

SWEENEY, Judge.

Bobby Gene Walton appeals his conviction of possession of a controlled substance. He contends the court erred in denying his motions (1) to suppress pre-

Page 412

Miranda statements he made after his arrest to a booking officer and a pretrial investigator, (2) to hold an in-camera hearing on the issue of disclosure of the confidential informant, and (3) to dismiss for insufficiency of evidence. We find no error and affirm.

Factual Background

On November 8, 1989, police executed a search warrant at W. 2607 Mallon in Spokane. When Mr. Walton's son opened the door, the police announced they had a search warrant. Mr. Walton hurried toward the kitchen. Mrs. Walton and another woman, later identified as Debbie Karam, attempted to run from the kitchen. The officers observed what appeared to be black tar heroin on the kitchen table together with a shooting kit, including a spoon and a razor-type tool used for cutting purposes. A syringe and spoon were found on Ms. Karam. The officers arrested Mr. Walton, Mrs. Walton and Ms. Karam. Mr. Walton was transported to the Spokane County Jail. In response to questions by a booking officer, he said he lived at W. 2607 Mallon. The next day Mr. Walton told a Department of Corrections pretrial investigator that he resided at the Mallon address.

During a later search, officers found syringes throughout the house, drug paraphernalia in a leather shaving kit in a bedroom, and a telephone bill and letters addressed to Mr. Walton at the Mallon address. Mr. Walton was charged with two counts of delivery and one count of possession of a controlled substance.

Prior to trial, Mr. Walton moved to compel disclosure of the confidential informant for the purpose of challenging the informant's[824 P.2d 535] reliability. He also moved to suppress his statements to the booking officer and the pretrial investigator on the basis the statements had not been preceded by Miranda warnings. The court denied both motions. The delivery charges were dismissed on motion of the State. A jury trial followed on the possession charge.

The State introduced into evidence the heroin, the drug paraphernalia and Mr. Walton's statements that he resided

Page 413

at the Mallon address. Two of Mr. Walton's neighbors testified. The first stated she observed Mr. Walton at the Mallon address almost daily for the past 2 years and observed "a lot" of traffic at the Walton home when he was there. A second neighbor testified she observed a lot of traffic at the residence during all hours of the night, especially during the first 10 days of the month. She saw Mr. Walton at the Mallon address three or four times a week. She would also see him there on Saturdays when she worked in her yard. She never saw Mr. Walton knock before entering the residence. The State introduced evidence Mr. Walton was insulin dependent, requiring two insulin injections a day.

At trial, Mr. Walton denied living at the Mallon address. Mrs. Walton testified her husband did not live at the Mallon address. Both Mr. and Mrs. Walton testified he frequently visited, received mail and kept his insulin at the address. Mrs. Walton explained the telephone bill was in her husband's name because of her bad credit. Mr. Walton testified he was aware of the heroin's presence in the house, but stated it belonged to Ms. Karam. He testified his statement to the pretrial investigator was made for the purpose of improving his prospects for pretrial release.

Mr. Walton was convicted of possession of a controlled substance. He appeals.

Pretrial Booking Statements

Mr. Walton contends the court erred in admitting his statements to the booking officer and pretrial investigator. He contends the statements helped establish constructive possession and therefore should have been preceded by Miranda warnings.

Whether a defendant must be advised of Miranda rights depends on whether the State's inquiry is (a) custodial (b) interrogation (c) by an agent of the State. Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966); State v. Sargent, 111 Wash.2d 641, 647, 762 P.2d 1127 (1988). A question which is not required for booking purposes is "interrogation" for Miranda purposes.

Page 414

Mathis v. United States, 391 U.S. 1...

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874 practice notes
  • State Of Wash. v. Mcdaniel, No. 37323-8-II
    • United States
    • Court of Appeals of Washington
    • April 28, 2010
    ...the persuasiveness of evidence. State v. Delmarter, 94 Wash.2d 634, 638, 618 P.2d 99 (1980); State v. Walton, 64 Wash.App. 410, 415-16, 824 P.2d 533 (1992).B. Sufficient Evidence of Accomplice to First Degree Robbery ¶ 67 Under RCW 9A.08.020(3), an individual is guilty as an accomplice if h......
  • State v. Jacobsen, Nos. 22941-2-I
    • United States
    • Court of Appeals of Washington
    • June 11, 1999
    ...by an agent of the state. State v. Warner, 125 Wash.2d 876, 884, 889 P.2d 479 (1995); State v. Walton, 64 Wash.App. 410, 413, 824 P.2d 533 (1992) (citing Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966)). Comte did not advise Jacobsen of his Fifth Amen......
  • State v. Prado, No. 31275-5-III
    • United States
    • Court of Appeals of Washington
    • January 8, 2015
    ...left to the jury. Camarillo, 115 Wn.2d at 71. We also defer to the trier of fact on the persuasiveness of the evidence. State v. Walton, 64 Wn. App. 410, 415-16, 824 P.2d 533 (1992). As noted above, Mr. Rivera testified that he entered into an agreement with the State prior to Mr. Prado's t......
  • In re Sanchez, No. 32633-1-III
    • United States
    • Court of Appeals of Washington
    • January 26, 2017
    ...do not review the jury's determinations as to weight of the evidence and witness credibility. State v . Walton , 64 Wash.App. 410, 415–16, 824 P.2d 533 (1992). Nothing about Fessler's absence at Sanchez's arraignment affected his ability to argue his misidentification defense at trial.¶36 M......
  • Request a trial to view additional results
874 cases
  • State Of Wash. v. Mcdaniel, No. 37323-8-II
    • United States
    • Court of Appeals of Washington
    • April 28, 2010
    ...the persuasiveness of evidence. State v. Delmarter, 94 Wash.2d 634, 638, 618 P.2d 99 (1980); State v. Walton, 64 Wash.App. 410, 415-16, 824 P.2d 533 (1992).B. Sufficient Evidence of Accomplice to First Degree Robbery ¶ 67 Under RCW 9A.08.020(3), an individual is guilty as an accomplice if h......
  • State v. Jacobsen, Nos. 22941-2-I
    • United States
    • Court of Appeals of Washington
    • June 11, 1999
    ...by an agent of the state. State v. Warner, 125 Wash.2d 876, 884, 889 P.2d 479 (1995); State v. Walton, 64 Wash.App. 410, 413, 824 P.2d 533 (1992) (citing Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966)). Comte did not advise Jacobsen of his Fifth Amen......
  • State v. Prado, No. 31275-5-III
    • United States
    • Court of Appeals of Washington
    • January 8, 2015
    ...left to the jury. Camarillo, 115 Wn.2d at 71. We also defer to the trier of fact on the persuasiveness of the evidence. State v. Walton, 64 Wn. App. 410, 415-16, 824 P.2d 533 (1992). As noted above, Mr. Rivera testified that he entered into an agreement with the State prior to Mr. Prado's t......
  • In re Sanchez, No. 32633-1-III
    • United States
    • Court of Appeals of Washington
    • January 26, 2017
    ...do not review the jury's determinations as to weight of the evidence and witness credibility. State v . Walton , 64 Wash.App. 410, 415–16, 824 P.2d 533 (1992). Nothing about Fessler's absence at Sanchez's arraignment affected his ability to argue his misidentification defense at trial.¶36 M......
  • Request a trial to view additional results

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