Alvarez v. State

890 So. 2d 389, 2004 WL 2964048
CourtDistrict Court of Appeal of Florida
DecidedDecember 23, 2004
Docket1D03-4930
StatusPublished
Cited by10 cases

This text of 890 So. 2d 389 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarez v. State, 890 So. 2d 389, 2004 WL 2964048 (Fla. Ct. App. 2004).

Opinion

890 So.2d 389 (2004)

Mark ALVAREZ, Appellant,
v.
STATE of Florida, Appellee.

No. 1D03-4930.

District Court of Appeal of Florida, First District.

December 23, 2004.

*391 Nancy A. Daniels, Public Defender; and William C. McLain, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Mark Alvarez appeals his conviction of one count of second-degree murder and one count of second-degree arson. Alvarez contends that he is entitled to a new trial because the trial court fundamentally erred in misreading the jury instruction on second-degree murder in a manner that relieved the State of having to prove an essential, disputed element; in denying the motion to suppress Appellant's oral and written statements to law-enforcement officers allegedly made in violation of Appellant's constitutional right to remain silent and right to counsel; and in refusing to give a requested special jury instruction directing the jury on how to evaluate the testimony of in-custody witnesses. We affirm the judgment and sentence.

The State's information charged Alvarez with the August 5, 2001, second-degree murder of Crisie Mejias and August 6, 2001, second-degree arson upon a Ford Escort automobile belonging to the victim's parents. A grand jury returned an indictment charging the first-degree murder of Miss Mejias and second-degree arson of the automobile, superseding the information. The initial jury trial ended in a mistrial. In the second trial, the State prosecuted the first count on alternative theories of premeditated murder and felony murder (based on the commission or attempted commission of sexual battery upon the victim). The defense admitted that Alvarez had engaged in consensual, *392 albeit "rough," sexual intercourse with the victim and had set afire the automobile (under a principal theory). The jury found Alvarez guilty of the lesser-included offense of second-degree murder on the first count and guilty of arson, as charged, on the second count. The trial court classified Alvarez as a habitual felony offender and sentenced him to life and to 30 years' incarceration, respectively, on the two counts.

In his first issue, Alvarez contends the trial court fundamentally erred in misreading a jury instruction in a manner that relieved the prosecution from having to prove an essential, disputed element of the offense, in violation of Alvarez's right to due process. See Reed v. State, 837 So.2d 366 (Fla.2002). Upon our court's relinquishment of jurisdiction, the trial court held a hearing to reconstruct the record. The judge, Alvarez and his attorney, and the prosecutor heard the trial court reporter testify that the judge had correctly read the jury instruction aloud at trial. The error in the instruction challenged by Alvarez was typographical, i.e., an audiotape played at the hearing demonstrated that the judge had correctly read the instruction aloud, but the court reporter had erred in transcribing it. The parties and the trial judge having agreed that the instruction was correctly pronounced, and absent any allegation of error in the written instruction given to the jury, we find this issue is moot.

Alvarez's second issue asserts that the trial court erred in denying the motion to suppress certain of Alvarez's oral and written statements made to detectives while in custodial interrogation at the police station on August 8, 2001, in violation of Alvarez's right to remain silent and right to counsel.

A trial court's ruling on a motion to suppress comes to us clothed with a presumption of correctness and, as the reviewing court, we must interpret the evidence and reasonable inferences and deductions derived therefrom in a manner most favorable to sustaining the trial court's ruling.

Connor v. State, 803 So.2d 598, 605 (Fla.2001), quoting Murray v. State, 692 So.2d 157, 159 (Fla.1997). The trial court's ruling on a motion to suppress a criminal defendant's statement, where the issue is whether the surrounding circumstances comport with Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), presents a mixed question of law and fact. See State v. Glatzmayer, 789 So.2d 297 (Fla.2001). The United States Supreme Court has held that mixed questions of law and fact that ultimately determine constitutional rights are to be reviewed by appellate courts according to a two-step approach: we review the trial court's findings of historical fact only for clear error and give appropriate weight to the court's inferences but conduct a de novo review of the constitutional issue and whether the trial court correctly applied the law to the facts. See Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); Connor, 803 So.2d at 605-08; State v. Shaw, 784 So.2d 529 (Fla. 1st DCA 2001); State v. Setzler, 667 So.2d 343, 346 (Fla. 1st DCA 1995).

Police custodial interrogation triggers the need to give Miranda warnings. See Miranda, 384 U.S. at 444, 86 S.Ct. 1602; J.G. v. State, 883 So.2d 915, 922 (Fla. 1st DCA 2004). Under Miranda, 384 U.S. at 445, 86 S.Ct. 1602, a suspect undergoing custodial interrogation has the rights to stop the questioning anytime by asserting the right to remain silent. See Amends. V & XIV, U.S. Const.; Art. I, § 9, Fla. Const.; Traylor v. State, 596 So.2d 957, 965-66 (Fla.1992). Having considered all the evidence submitted on the *393 motion to suppress, the trial court correctly concluded that the police did not violate Alvarez's right to remain silent or right to counsel, for Alvarez never unequivocally invoked either of these constitutional rights. In fact, Alvarez waived his right to remain silent and right to counsel, with a full awareness of the nature of the rights being abandoned and the consequences of doing so. The record is devoid of any police misconduct or coercive tactics. Accordingly, the trial court's ruling that Alvarez's post-Miranda statements were given freely and voluntarily is amply supported by the record.

In the course of investigating Miss Mejias' death, Detective McHale, of the Jacksonville Sheriff's Office, met with Alvarez after two other detectives brought Alvarez to the police station. After asking some general background questions to ascertain whether Alvarez had the capacity and education to read and understand the rights to be given, McHale gave Alvarez Miranda warnings. Specifically, McHale read aloud Alvarez's rights and asked him to initial each section and to sign the bottom of the rights form if he understood his rights. Alvarez signed the form, and Detectives McHale and Nemeth signed as witnesses. Alvarez then freely and voluntarily waived his Miranda right and agreed to talk to McHale as Nemeth took written notes of the interview.

In pertinent part, Alvarez told McHale about how he had met the victim at a salsa dance contest at Crawdaddy's, where Alvarez worked security, and afterwards went with her and his friend Omar Vasquez to Denny's Restaurant. When he first signed the rights form, Alvarez had not been told specifically the subject(s) about which he would be questioned.

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Bluebook (online)
890 So. 2d 389, 2004 WL 2964048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-2004.