State v. Saldierna

775 S.E.2d 326, 242 N.C. App. 347, 2015 N.C. App. LEXIS 630
CourtCourt of Appeals of North Carolina
DecidedJuly 21, 2015
DocketNo. COA14–1345.
StatusPublished
Cited by7 cases

This text of 775 S.E.2d 326 (State v. Saldierna) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Saldierna, 775 S.E.2d 326, 242 N.C. App. 347, 2015 N.C. App. LEXIS 630 (N.C. Ct. App. 2015).

Opinion

STEPHENS, Judge.

*347In this appeal, we consider a matter of first impression: Whether an ambiguous statement made by a juvenile which implicates his statutory right to have a parent present during a custodial interrogation requires that the law enforcement officer conducting the interview clarify the meaning of the juvenile's statement before continuing her questioning. For the reasons discussed herein, we conclude that it does.

*348Factual and Procedural Background

This appeal arises from Defendant Felix Ricardo Saldierna's attempt to suppress a confession he gave to police officers while in custody. On 17 and 18 December 2012, several homes in Charlotte were broken into, burglarized, and vandalized. Saldierna was arrested at his home in Fort Mill, South Carolina on 9 January 2013 in connection with those crimes. Saldierna, who was then 16 years old, was transported to Moss Justice Center in York County, South Carolina, where he was questioned by Detective Aimee1 Kelly of the Charlotte-Mecklenburg Police Department ("CMPD"). Kelly conducted an interview with Saldierna in the booking area of the justice center. Audio of the entire interview was recorded ("the recording"). The recording reveals the following: Saldierna stated that he was bilingual, *328but read Spanish better than English. At the start of the interview, Saldierna told Kelly that his English was "good," but that he might ask her to explain some things more slowly. However, after this remark, Saldierna never clearly indicated that he did not understand Kelly's questions or statements.

Before asking Saldierna any questions about the crimes, Kelly read him his rights and asked him whether he understood them. During the interview, Kelly gave Saldierna written Juvenile Waiver of Rights forms in both English and Spanish. Kelly read each part of the English language form to Saldierna as he followed along on the forms in both languages. After reading each paragraph, Kelly asked Saldierna if he understood the right discussed in that paragraph and had him initial the copy of the form in English to indicate that he did. Kelly also asked Saldierna to confirm verbally that he understood each right as she read them to him. Saldierna answered "yeah" or "yes ma'am' " to all but one of Kelly's inquiries. Due to the poor quality of the audio recording, Saldierna's response to Kelly's informing him of his right to have an attorney present during the interview is unintelligible, but he responded "yes ma'am' " to Kelly's next statement and question, "If I want to have a lawyer with me during questioning one will be provided to me at no cost before any questioning. Do you understand that?"

Saldierna initialed each statement of rights on the form and the option "I DO wish to answer questions now WITHOUT a lawyer, parent, guardian, or custodian here with me" and signed the form. The transcript of the recording reveals the following exchange then occurred:

*349K[elly]: It is 1/9/13. It is 12:10PM. [unintelligible background talking among officers]
[Saldierna]: Um, Can I call my mom?
K[elly]: Call your mom now?
[Saldierna]: She's on her um. I think she is on her lunch now.
K[elly]: You want to call her now before we talk?
K[elly] [to other officers]: He wants to call his mom.
[Saldierna]: Cause she's on, I think she's on her lunch.
[Other officer]: [unintelligible] He left her a message on her phone.
[Saldierna]: But she doesn't speak English.
[conversation among officers]
K[elly]: I have mine. Can he dial it from a landline you think?
[more unintelligible conversation among officers]
[Other officer]: [S]tep back outside and we'll let you call your mom outside. [unintelligible]. You're going to have to talk to her. Neither one of us speak Spanish, ok.
[more unintelligible conversation among officers]
[Saldierna can be heard on phone. Call is not intelligible.]
[Sound of door closing].
K[elly]: 12:20: Alright Felix, so, let's talk about this thing going on....

*350At this point, Kelly continued her interview with Saldierna, and, over the course of the next hour, he confessed his involvement in the incidents in Charlotte the previous December.

On 22 January 2013, Saldierna was indicted on two counts of felony breaking and entering and one count each of conspiracy to commit breaking and entering and conspiracy to commit common law larceny after breaking and entering.2 On 9 October 2013, Saldierna moved to suppress his confession. The trial court, the Honorable Forrest D. Bridges, Judge presiding, heard the motion on 31 January 2014, and, at the conclusion of the hearing, orally denied Saldierna's motion. The court entered a written order memorializing that ruling on 20 February 2014 that contained the following findings of fact:

*3291. That Defendant was in custody.
2. That Defendant was advised of his juvenile rights pursuant to North Carolina General Statute § 7B-2101.
3. That Detective Kelly of the Charlotte-Mecklenburg Police Department advised Defendant of his juvenile rights.
4. That Defendant was advised of his juvenile rights in three manners. Defendant was advised of his juvenile rights in spoken English, in written English, and in written Spanish.
5. That Defendant indicated that he understood his juvenile rights as given to him by Detective Kelly.
6. That Defendant indicated he understood his rights after being given and reviewing a form enumerating those rights in Spanish.
7. That Defendant indicated he understood that he had the right to remain silent. Defendant understood that to mean that he did not have to say anything or answer any questions. Defendant initialed next to this right at number 1 on the English rights form provided to him by Detective Kelly to signify his understanding.
*3518. That Defendant indicated he understood that anything he said could be used against him. Defendant initialed next to this right at number 2 on the English rights form provided to him by Detective Kelly to signify his understanding.
9. That Defendant indicated he understood that he had the right to have a parent, guardian, or custodian there with him during questioning. Defendant understood the word parent meant his mother, father, stepmother, or stepfather.

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Related

State v. Saldierna
803 S.E.2d 33 (Court of Appeals of North Carolina, 2017)
State v. Saldierna
794 S.E.2d 474 (Supreme Court of North Carolina, 2016)
State v. Watson
792 S.E.2d 171 (Court of Appeals of North Carolina, 2016)

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Bluebook (online)
775 S.E.2d 326, 242 N.C. App. 347, 2015 N.C. App. LEXIS 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-saldierna-ncctapp-2015.