Chim v. State

972 So. 2d 601, 2008 WL 151835
CourtMississippi Supreme Court
DecidedJanuary 17, 2008
Docket2006-KA-01839-SCT
StatusPublished
Cited by23 cases

This text of 972 So. 2d 601 (Chim v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chim v. State, 972 So. 2d 601, 2008 WL 151835 (Mich. 2008).

Opinion

972 So.2d 601 (2008)

Gilberto Hilario CHIM
v.
STATE of Mississippi.

No. 2006-KA-01839-SCT.

Supreme Court of Mississippi.

January 17, 2008.

*602 Edmund J. Phillips, Jr., attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

EN BANC.

GRAVES, Justice, for the Court.

¶ 1. Chim appeals his conviction of statutory rape and sexual battery, contending that the trial court erred in denying his motion to suppress his confession in violation of his Fifth and Sixth Amendment right to counsel. Chim maintains that he did not knowingly and intelligently waive his Miranda rights, and that his statement was not made voluntarily. We affirm the trial court's denial of Chim's motion to suppress his confession.

FACTS AND PROCEDURAL HISTORY

¶ 2. On October 12, 2006, Chim, a native of Guatemala, was sentenced to life imprisonment for statutory rape of a five-year-old girl and twenty years imprisonment for sexual battery, with ten years to run consecutively to his life sentence and ten years suspended, with Chim to be placed on post-release supervision.[1] Chim's conviction was preceded by an arrest that entailed a waiver of his Miranda rights and a subsequent confession. He appeals, arguing that the Circuit Court of Scott County erred when it failed to suppress his confession.

¶ 3. Specifically, Chim asserts that he did not adequately understand the English language and therefore did not understand the Miranda warnings articulated to him in English by the three arresting officers: Chief Mike Lee, Officer Will Jones, and Officer Robert Roncolli. Hence, he contends that, although he signed the waiver indicating that he waived his Miranda rights, he did not knowingly and intelligently waive them. Further, he contends that because his waiver was not knowingly and intelligently made, that his confession was not voluntary. Hence, Chim avers that his subsequent confession should have been suppressed as evidence.

¶ 4. To corroborate this contention, Chim offered the following evidence during the suppression hearing: (1) his testimony that he requested but was refused an interpreter; (2) his testimony that he signed the waiver because the officers told him that "he had to sign"; (3) his testimony that he did not understand the meaning of the right to counsel; and (4) his estranged wife's testimony that she sometimes used her sister-in-law's son to serve as an interpreter *603 for herself and her husband during the course of their marriage.

¶ 5. The State contends that the trial court was correct in denying Chim's motion to suppress his confession. Specifically, the State argues that there was "credible, substantial corroborated evidence in support of the trial court's ruling," which included the following: (1) the testimony of Officer Lee that Chim spoke and understood the English language; (2) the testimony of Officer Roncolli that Chim "seemed to understood [sic] us well. He could speak English"; (3) the testimony of Chief Mike Lee that Chim understood his Miranda rights; (4) the officers' testimony that Chim did not request an interpreter and never indicated that he could not understand English; and (5) Chim's estranged wife's testimony that she and Chim communicated in English during their marriage.

¶ 6. We find that the trial judge applied the correct legal standard, and his finding was supported by substantial evidence when he found that Chim's waiver of his Miranda warnings was valid. Furthermore, the trial judge's decision to deny Chim's motion to suppress was not manifestly in error, nor was it contrary to the overwhelming weight of the evidence. Accordingly, we affirm the trial court's denial of Chim's motion to suppress his confession.

DISCUSSION

Whether the Trial Court Erred in Denying Chim's Motion to Suppress his Confession.

A. Whether Chim Validly Waived his Miranda Rights.

¶ 7. In Miranda, the United States Supreme Court held that the Fifth and Fourteenth Amendments' prohibitions against compelled self-incrimination require that, prior to custodial interrogation, the accused must be advised of his right to remain silent and his right to counsel. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Once advised of his Miranda rights, an accused may validly waive these rights and respond to interrogation. North Carolina v. Butler, 441 U.S. 369, 374-75, 99 S.Ct. 1755, 60 L.Ed.2d 286, (1979). However, the waiver must be voluntary, knowing, and intelligent. Miranda, 384 U.S. at 444, 86 S.Ct. 1602.

¶ 8. For a waiver of one's Miranda rights to be considered valid, the state must prove beyond a reasonable doubt that "`the waiver [was] made voluntarily, knowingly and intelligently.'" Coverson v. State of Mississippi, 617 So.2d 642, 647 (Miss.1993) (citations omitted). A waiver is considered voluntary if it is the result of a "free and deliberate choice rather than intimidation, coercion or deception." Id. "`[A] waiver is knowing and intelligent if it is made with a full awareness both of the nature of the right being abandoned and the consequences of the decision to abandon it.'" Id. (citations omitted).

¶ 9. "The trial judge sits as the trier of fact and must determine whether the incriminating statement was freely and voluntarily given. The judge should determine whether the criminal defendant was advised of his rights, including the right against self-incrimination as set forth in Miranda. . . ." Baldwin v. State, 757 So.2d 227, 234 (Miss.2000). Furthermore, "the judge should ascertain, under the totality of the circumstances and beyond a reasonable doubt, that the defendant's statement was freely and voluntarily given, and was not the result of force, threat, or intimidation." Id. (citing Smith v. State, 737 So.2d 377, 382 (Miss.Ct.App.1999)).

*604 ¶ 10. In the instant case the trial judge conducted a suppression hearing outside the presence of the jury, as required by law, and concluded that the State met its burden and proved the validity of Chim's waiver beyond a reasonable doubt. Frost v. State, 483 So.2d 1345, 1350 (Miss.1986); Manix v. State, 895 So.2d 167, 180 (Miss. 2005). In ruling, the trial judge reasoned:

Well, this court has heard the testimony of the three officers who were present at the time of the taking of the statement, who each, and all three, testified that the conversation between the officers and this defendant was [sic] statements that — I understood he was able to carry on that conversation without the need of an interpreter, and he appeared to understand the questions in the language that was being used, that he understood — appeared to understand English, and he was able to correspond back to them speaking in English, and no threats of violence[,] promises, hopes, or rewards, or intimidation was [sic] upon the defendant, that he appeared to understand his rights that was [sic] given to him, and that he voluntarily waived those rights. It appears from the testimony of those three witnesses, and even the testimony of this defendant at this time, that he understood the questions that was [sic] asked of him, and that he responded in intelligible English.

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Cite This Page — Counsel Stack

Bluebook (online)
972 So. 2d 601, 2008 WL 151835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chim-v-state-miss-2008.