People v. Coleman

422 P.3d 629
CourtColorado Court of Appeals
DecidedMay 17, 2018
DocketCourt of Appeals No. 15CA0300
StatusPublished
Cited by1 cases

This text of 422 P.3d 629 (People v. Coleman) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Coleman, 422 P.3d 629 (Colo. Ct. App. 2018).

Opinion

Opinion by JUDGE WEBB

¶ 1 A jury convicted Norman Idell Coleman of aggravated driving after revocation prohibited-driving under the influence (ADARP); driving under the influence (DUI)-third or subsequent alcohol related offense; and careless driving. The trial court sentenced him to concurrent terms of one year in the custody of the Department of Corrections (DOC) on the ADARP conviction; one year of jail and one year of additional jail, suspended subject to completion of four years of probation, on the DUI conviction; and ninety days in jail on the careless driving conviction.

*633¶ 2 Coleman appeals, contending the trial court erred in denying his motion to suppress; the prosecutor made improper closing argument; and because the court sentenced him to the DOC for the ADARP conviction, it could not also sentence him to probation for the DUI conviction. The last contention raises an unresolved question of statutory interpretation.

¶ 3 The Attorney General concedes preservation of the suppression contention, a portion of the improper argument contention, and the sentencing contention.

¶ 4 We affirm the judgment of conviction but vacate the sentence and remand for resentencing.

I. Background

¶ 5 An officer pulled Coleman over after having observed Coleman's car not reacting to a green light until another car honked, then driving very slowly through the intersection, and weaving in and out of his lane. Based on his contact with Coleman, the officer requested a DUI investigator. During the approximately ten minute wait for the investigator to arrive, Coleman attempted to exit his car. The officer ordered him to remain inside, and Coleman complied. Also during the wait, the officer learned that Coleman's Colorado driver's license had been revoked because he was a habitual traffic offender (HTO).

¶ 6 The investigator arrived and questioned Coleman, who agreed to perform roadside sobriety tests. During the walk and turn test, Coleman lost his balance. He declined to continue, saying he wanted to be taken "where he needed to go so he could bond out." The investigator arrested him for DUI, ADARP, and careless driving, as well as on outstanding warrants.

¶ 7 After the investigator informed Coleman of the Colorado Express Consent law, he chose a blood test. But then he said again that he just wanted to be taken somewhere that he could bond out. The investigator took this statement as a refusal to submit to a chemical test, which Coleman does not challenge on appeal.

II. The Trial Court Properly Denied the Motion to Suppress

¶ 8 Coleman contends that because he was in custody when he first said he wanted to be taken to bond out, and had not yet been given a Miranda advisement, that statement should have been suppressed. We reject this contention.

A. Standard of Review

¶ 9 Whether a statement is the product of custodial interrogation for Miranda purposes presents a mixed question of law and fact. People v. Begay , 2014 CO 41, ¶ 9, 325 P.3d 1026. An appellate court defers to the trial court's factual findings if they are supported by the record, but reviews de novo the ultimate legal question whether the defendant was subject to custodial interrogation. Id.

¶ 10 "If a statement obtained in violation of Miranda was admitted as part of the prosecution's case-in-chief, over the defendant's objection, reversal is required unless the error was harmless beyond a reasonable doubt." People v. Vasquez , 155 P.3d 588, 592 (Colo. App. 2006).

B. Law

¶ 11 The United States Constitution provides that no person "shall be compelled in any criminal case to be a witness against himself." U.S. Const. amend. V ; see also Colo. Const. art. II, § 18. Under Miranda v. Arizona , 384 U.S. 436, 444, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), statements made by a defendant during custodial interrogation may not be admitted into evidence unless the defendant was advised of, and waived, "his right to remain silent ... and his right to the presence of an attorney...." People v. Frye , 2014 COA 141, ¶ 9, 356 P.3d 1000 (quoting People v. Madrid , 179 P.3d 1010, 1014 (Colo. 2008) ). But "[f]or Miranda to be applicable, the suspect must be in custody and the statement must be the product of a police interrogation." People v. Baird , 66 P.3d 183, 188 (Colo. App. 2002) (citing People v. Reddersen , 992 P.2d 1176 (Colo. 2000) ).

¶ 12 To determine whether a suspect was in custody under Miranda , courts apply *634an objective test evaluating, under the totality of the circumstances, "whether a reasonable person in the defendant's position would consider himself to be deprived of his freedom of action to the degree associated with a formal arrest." People v. Cowart , 244 P.3d 1199, 1203 (Colo. 2010) (citation omitted); see also People v. Stephenson , 159 P.3d 617, 620 (Colo. 2007).

¶ 13 In applying this test, courts should consider the time, place, and purpose of the encounter with law enforcement; the persons present during the questioning; the words used by those conducting the interview; the officer's tone of voice and general demeanor; the length and mood of the interrogation; the officer's response to any questions asked by the suspect; whether the suspect was restrained in any way; whether the suspect was given any instructions; and the suspect's response to such directions.

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Bluebook (online)
422 P.3d 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coleman-coloctapp-2018.