State v. Alfonso

490 A.2d 75, 195 Conn. 624, 1985 Conn. LEXIS 730
CourtSupreme Court of Connecticut
DecidedApril 9, 1985
Docket11815
StatusPublished
Cited by91 cases

This text of 490 A.2d 75 (State v. Alfonso) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Alfonso, 490 A.2d 75, 195 Conn. 624, 1985 Conn. LEXIS 730 (Colo. 1985).

Opinions

Peters, C. J.

The principal issue on this appeal is whether the trial court erred in refusing to suppress incriminating statements made by the defendant in the course of custodial interrogation. The defendant, Luis Alfonso, was convicted, after a trial by jury, of the offenses of possession of cocaine in violation of General Statutes (Rev. to 1981) § 19-481 (a)1 and posses[626]*626sion of marijuana in violation of General Statutes (Rev. to 1981) § 19-481 (c).2 He was sentenced to two concurrent sentences of one year, suspended after three months, and probation for two years. The defendant appeals from the judgment of conviction.

The defendant raises three issues on appeal. He claims that the trial court erred: (1) in denying his motion to suppress allegedly incriminating statements and subsequently denying his motion for a new trial; (2) in its charge to the jury; and (8) in denying his motion for acquittal. We find error in part, and remand the case with direction to render judgment of acquittal on the conviction for possession of marijuana.

The jury could reasonably have found the following facts. The defendant Luis Alfonso is a Spanish-speaking Cuban immigrant with sixteen years of schooling in Cuba, including three years of education in electrical engineering. At the time of his arrest, he was twenty-seven years old and had lived in the United States approximately two years. On February 20, 1982, six [627]*627police officers went to the defendant’s apartment in Bridgeport to execute a search and seizure warrant whose validity has not been challenged. When the officers arrived, the defendant and a visitor, Mario Arango, were at home; the defendant’s two roommates were elsewhere. The officers’ search led to the discovery of cocaine in the living room and marijuana in the kitchen. The defendant was immediately placed under arrest for possession of the drugs.

Upon his arrest, while still at his apartment, the defendant was read his Miranda rights in Spanish by Officer Jesus Llanos, a Spanish-speaking officer. In response to a question from Llanos, the defendant responded, in Spanish, that the cocaine was his, that it was for a party, and that Arango had nothing to do with it.

The defendant was then taken to a police station, where he was again informed by Llanos in Spanish of his Miranda rights. The defendant then read and signed a written waiver form in Spanish. Approximately an hour and a half later, the defendant was interrogated by Detective Robert Lundequist, with Llanos acting as interpreter. The defendant was calm throughout the questioning and was not under the influence of drugs or alcohol. Lundequist typed out a statement in English, which the defendant did not sign.3 However, when Llanos showed the defendant a vial of cocaine taken from the apartment, the defendant admitted that it was his.

I

The defendant argues that the trial court erred in admitting his incriminatory statements into evidence [628]*628because he had not knowingly and willingly waived his constitutional privilege against self-incrimination. Relying on the rule of Miranda v. Arizona, 384 U.S. 436, 475, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966),4 he claims that he did not execute a knowing waiver of his right to counsel.5 The evidence at trial demonstrated, according to the defendant, that he lacked the ability to understand the warnings given to him by the police.

In reviewing a trial court’s determination of a knowing and voluntary waiver of Miranda rights, we examine the record to see whether the state has met its burden of proving waiver by a preponderance of the evidence. State v. Perry, 195 Conn. 505, 516 n.8, 488 A.2d 1256 (1985); State v. Harris, 188 Conn. 574, 580, 452 A.2d 634 (1982), cert. denied, 460 U.S. 1089, 103 S. Ct. 1785, 76 L. Ed. 2d 354 (1983). In this case, the relevant evidence was produced at a suppression hear[629]*629ing at which the only witnesses were Llanos and the defendant.6

The state’s evidence indicated that Llanos gave the defendant Miranda warnings in Spanish on three different occasions, and each time the defendant indicated his understanding of what he was being told.7 Although Llanos offered conflicting testimony about whether the defendant, upon his arrest at his apartment, had asked any questions about what his rights were, Llanos testified without qualification that the defendant had never asked for an attorney. The defendant had inquired about his right to remain silent, but he had not pursued his right to counsel, and at one point had stated that he did not wish to retain counsel. The officers did not intimidate or physically abuse the defendant at any time.

The defendant contradicted this version of what had transpired in certain particulars. Although he acknowledged having read and signed the Miranda waiver form at the police station, he claimed that he had not been informed of his rights at his apartment. He denied having made either of the incriminatory statements attributed to him by Llanos. He also attacked the credibility of Llanos’ testimony as being conflicting and contradictory.

The defendant virtually concedes that this evidentiary argument would not alone suffice to rebut the state’s showing of an express waiver, manifested both by his [630]*630signed waiver form and his willingness to answer questions while in custody. North Carolina v. Butler, 441 U.S. 369, 99 S. Ct. 1755, 60 L. Ed. 2d 286 (1979); State v. Harris, supra, 580. Even where fact-finding implicates constitutional rights, and thus must be strictly scrutinized, questions of credibility are primarily within the province of the trier of fact. State v. Perry, supra, 516 n.8.8

The crux of the defendant’s claim is that, despite what he said and did, his waiver was not knowing and voluntary because he was culturally disabled from adequately understanding his legal rights. He maintains that, as a recent immigrant, he was not sufficiently alerted by standard Miranda warnings to the significance of his right to counsel and to remain silent. The questions he did ask about whether he had a right to remain silent should have alerted the police to stop their interrogation because they should have recognized that he was unable knowingly and willingly to waive constitutional rights that he could not comprehend.9

We find the defendant’s argument, in the circumstances of this case, unpersuasive. There was no linguistic barrier to a knowing and voluntary waiver, the defendant concededly having been addressed by the police at all times in his native tongue. The defendant [631]*631was, furthermore, a well-educated adult, and he was not totally unfamiliar with our legal system, having been arrested at least once previously.

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Cite This Page — Counsel Stack

Bluebook (online)
490 A.2d 75, 195 Conn. 624, 1985 Conn. LEXIS 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alfonso-conn-1985.