State v. Wilson
| Decision Date | 29 June 2007 |
| Docket Number | No. 25,966.,25,966. |
| Citation | 169 P.3d 1184,2007 NMCA 111 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Billy WILSON, Defendant-Appellant. |
| Court | Court of Appeals of New Mexico |
Gary K. King, Attorney General, Anita Carlson, Assistant Attorney General, Santa Fe, NM, for Appellee.
John Bigelow, Chief Public Defender, J.K. Theodosia Johnson, Assistant Appellate Defender, Santa Fe, NM, for Appellant.
{1} The primary questions in this case relate to Miranda issues. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The issues are whether, as the State contends, a court can determine if a defendant is in custody for purposes of requiring Miranda warnings (Miranda custody) by using the Fourth Amendment dichotomy between an investigatory detention and a de facto arrest, and whether, under the circumstances of this case, Defendant was in Miranda custody. We hold that the test for determining that a defendant is in Miranda custody is not one employed by using a Fourth Amendment analysis of investigatory detention versus de facto arrest. The test is whether the defendant's freedom of movement is restrained by formal arrest or of the degree associated with a formal arrest. Under this test, we hold that Defendant Billy Wilson was subject to a custodial interrogation, and we reverse the denial of the motion to suppress the statements he made before he was given the Miranda warnings while under custodial interrogation.
{2} Officer Phillip Francisco testified that he received a report from dispatch of a possible intoxicated driver attempting to leave a casino parking lot. On the officer's way to the casino, he saw the vehicle that matched the description traveling eastbound on the highway. He saw it pull off the road, lost sight of it for a few seconds, and then the officer pulled in behind it. Defendant and his wife were sitting in the vehicle, in the driveway at their residence. The officer got out of his vehicle and approached Defendant's vehicle. The officer then heard the engine turn off. Defendant's wife got out of the passenger side of the vehicle and started toward the house, and the officer told her to get back in the vehicle. When she did not comply, the officer handcuffed her and had her sit on the sidewalk "to control the situation."
{3} The officer then approached Defendant's vehicle and saw Defendant sitting in the driver's seat. Upon contact with Defendant, the officer detected a strong odor of alcohol and noticed that Defendant had bloodshot and watery eyes, as well as very slurred speech. Defendant repeatedly stated, "This is private property." The officer instructed Defendant to get out of the vehicle. It is unclear from the officer's testimony whether he informed Defendant that the purpose of the investigation was to investigate possible driving while under the influence of alcohol or drugs (DWI). After staying in the vehicle for several minutes, Defendant got out, held onto the vehicle for balance, swayed back and forth, and staggered toward the house. He did not stop when the officer told him to stop. The officer followed Defendant, who turned and faced the officer in a defensive posture with clenched fists, which caused the officer to think that Defendant "was getting ready to fight." The officer began to handcuff Defendant, and with one hand in handcuffs, Defendant pulled away. Because the officer considered this "a defensive move," the officer elected to forcibly put the other handcuff on Defendant, at which time Defendant dropped to his knees. Because Defendant was swaying back and forth more than anyone the officer had ever seen sway, he placed Defendant in the patrol vehicle. The district court questioned the officer as follows.
{4} After Defendant was placed in the back of the police vehicle, the officer asked Defendant three questions. The first question was whether Defendant "had been driving from the casino," to which Defendant responded, "Yes." The second question was whether Defendant "had been drinking," to which Defendant responded, "Yes." The third question was whether Defendant "would do any field sobriety tests." The officer testified that based on Defendant's demeanor and argumentative nature, the officer did not think Defendant would be able to do the field sobriety tests in a safe manner. Although the officer did not conduct field sobriety tests for safety reasons, he nevertheless asked Defendant if he would perform the field sobriety tests, to which Defendant asserts he responded, "No." The officer had not given Defendant his Miranda warnings.
{5} The officer then searched Defendant's vehicle and found an open bottle of beer between the seats. The officer also questioned Defendant's wife. Afterward, the officer arrested Defendant and took him to a detention center, where the officer read the Implied Consent Act, NMSA 1978, §§ 66-8-105 to -112 (1978, as amended through 2005), to Defendant. Defendant refused the breath test.
{6} Defendant was charged by criminal complaint in the magistrate court for the County of San Juan with resisting, evading, or obstructing an officer, contrary to NMSA 1978, § 30-22-1(A) (1981). The complaint stated that Defendant "did: [k]nowingly obstruct, resist or oppose (Deputy Phillip Francisco) [an] officer of this [S]tate . . . while (Deputy Francisco) was serving or attempting to serve or execute a process, rule, order or judicial writ of a court of the [S]tate of New Mexico or any other judicial [ ] writ of process." Defendant was also charged with aggravated DWI, contrary to NMSA 1978, § 66-8-102(D) (2004) (amended 2005), and having an open container in the vehicle. Defendant was convicted by a jury of all three charges. The judgment did not indicate the subsection of Section 30-22-1 of which Defendant was convicted, but the jury instruction was for a violation of Subsection (B) of Section 30-22-1, not Subsection (A).
{7} Defendant appealed to the district court, where a de novo bench trial was held. Defendant moved to suppress the fruits of the stop, arguing that the officer did not have reasonable suspicion to stop Defendant to investigate DWI, and moved to suppress his statements on the ground they were obtained by the officer in violation of Miranda. The district court denied the motions, tried the case, and found Defendant guilty of aggravated DWI and resisting an officer. The district court acquitted Defendant on the open container charge.
{8} Defendant appeals, arguing (1) that the court erred in allowing his statements in evidence, in that the statements were obtained without Miranda warnings, and (2) that there was insufficient evidence to support a conviction for resisting an officer.
{9} The State asks this Court to dismiss this appeal on the ground that there is no final order. The State points out that the district court did not determine and impose any sentence on Defendant but, instead, remanded the case to the magistrate court "for further proceedings pursuant to the previously entered Judgment and Sentence." The State indicates that were this remand order a remand for imposition of the same sentence previously imposed by the magistrate court, it might be considered final for appeal purposes. However, the State argues that the remand was not for entry of the same judgment and sentence previously imposed because Defendant was not convicted in the district court of the same offenses—that is, in the district court, Defendant was convicted on only two of the three charges of which he was convicted in magistrate court. Further the State points out that at the close of trial, the district court indicated that it was remanding for imposition of sentencing and for determination of the extent to which Defendant had to serve any jail sentence. According to the State, this procedure was contrary to NMSA 1978, § 35-13-2(C) (1996), which requires the district court to determine Defendant's sentence.
{10} We see little reason to remand for the district court to clarify what it intended or for a definitive sentence. In our view, with respect to the two crimes of which Defendant was convicted in district court, it intended that Defendant receive the same sentences for those two crimes as was imposed by the magistrate court, and we construe the district court's determination in that manner consistent with State v. Montoya, 2005-NMCA-005, ¶¶ 3-5, 136 N.M. 674, 104 P.3d 540, in which the district court remanded to magistrate court for "imposition of the original sentence," and this Court held that to be sufficiently final to permit an appeal. We do not think that this interpretation of what the district court determined runs contrary to our decision in State v. Cordova, 114 N.M. 22, 833 P.2d 1203 (Ct.App.1992), where the district court did not impose any sentence.
{11} The parties disagree as to the proper test to apply when determining whether a person is in Miranda custody. And they disagree as to whether Defendant actually was in Miranda custody. We clarify the proper test, and then address whether Defendant was in Miranda custody when he was interrogated. We further discuss harmless error. We also address Defendant's argument that there was insufficient evidence that he resisted, evaded, or obstructed arrest.
To continue reading
Request your trial
-
State v. Smile
...to Miranda requirements. Javier M., 2001-NMSC-030, ¶ 19, 131 N.M. 1, 33 P.3d 1. But see State v. Wilson, 2007-NMCA-111, ¶¶ 18, 19, 142 N.M. 737, 169 P.3d 1184 (noting that in some situations, such as when an officer uses handcuffs, puts the suspect in a police vehicle, or uses force, an inv......
- State v. Atencio
- State v. Wilson
-
State v. Widmer
...from freedom of movement to the degree normally associated with a formal arrest. See State v. Wilson , 2007-NMCA-111, ¶ 14, 142 N.M. 737, 169 P.3d 1184 ; see also State v. Munoz , 1998-NMSC-048, ¶ 41, 126 N.M. 535, 972 P.2d 847 ; Yarborough v. Alvarado , 541 U.S. 652, 653, 124 S.Ct. 2140, 1......