State v. Wilson

894 P.2d 159, 126 Idaho 926, 1995 Ida. App. LEXIS 47
CourtIdaho Court of Appeals
DecidedApril 3, 1995
Docket21342
StatusPublished
Cited by15 cases

This text of 894 P.2d 159 (State v. Wilson) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wilson, 894 P.2d 159, 126 Idaho 926, 1995 Ida. App. LEXIS 47 (Idaho Ct. App. 1995).

Opinion

PERRY, Judge.

In this appeal, we are asked to decide whether a district court properly denied a motion to suppress evidence based on a claim that Miranda warnings were not given or were improperly given and that the defendant’s confession was coerced. We also must decide whether a fifteen-year sentence, with a minimum period of confinement of five years, for sexual abuse of a minor was an abuse of discretion and whether a defendant should have been allowed to withdraw his guilty plea following sentencing. We affirm.

FACTS AND PROCEDURE

In October of 1993, Jerry Wilson was arrested at his home after allegations by his fifteen-year-old step-daughter that Wilson had been engaging in sexual intercourse with her. Wilson was briefly held at the Idaho County Sheriffs office in Kooskia before being transported to the Idaho County Jail in Grangeville by Lieutenant Skott Mealor. Mealor and Wilson had been acquaintances for several years prior to this incident. Mealor stated that before the two drove to Grangeville, he orally informed Wilson of his Miranda rights. During the drive to Grange-ville, Wilson confessed that he had in fact been having intercourse with his step-daughter. Once at the jail in Grangeville, Wilson gave two more statements, both of which were tape recorded. One of these statements was given to the prosecuting attorney. Wilson does not allege in this appeal that officers failed to give him Miranda warnings prior to these later statements.

Wilson was charged with one count of lewd conduct with a minor under the age of sixteen, I.C. § 18-1508, and one count of possession of material sexually exploiting a child under the age of eighteen, I.C. § 18-1507A. This latter charge was subsequently dismissed when no sexually exploitative material was found after a search of Wilson’s residence.

*928 Prior to trial, Wilson sought to suppress the statements made to Mealor during his ride to Grangeville and also those statements he made once there. Wilson asserts that he was not given his Miranda warnings prior to making the statements during the ride to Grangeville. Wilson further alleges that he was misled into confessing to Mealor by promises of leniency. Wilson asserts that the statements made once he arrived in Grangeville were the “fruit of the poisonous tree,” and should be excluded because they were derived from the first, improperly taken, statement.

The ease came to trial in March of 1994. After the jury was selected, but before any evidence was presented, a plea bargain was entered into whereby Wilson would plead guilty to a lesser charge of sexual abuse of a minor. I.C. § 18-1506. Wilson agreed to the plea bargain on the condition that he be allowed to appeal the district court’s denial of his suppression motion. Following acceptance of the plea, Wilson was sentenced to a fifteen-year indeterminate term with a minimum period of confinement of five years. Wilson then filed a motion to withdraw his guilty plea, claiming that his plea had not been entered into voluntarily and that newly discovered evidence regarding the victim’s credibility made a successful defense more likely. This motion was denied. Wilson appeals, claiming the district court erred in denying his suppression motion, abused its discretion in imposing the sentence, and erred by refusing to allow him to withdraw his guilty plea after sentencing.

ANALYSIS

A DENIAL OF THE SUPPRESSION MOTION

Wilson first challenges the district court’s denial of his motion to suppress the statements made to officers and to the prosecutor in the case. Wilson asserts that he was not given Miranda warnings prior to making the statements during the ride to Grangeville. Further, he claims that even if the proper warnings were given, their importance was downplayed by Mealor. He claims that by MealoFs comments and conduct, he was lulled into a false sense of security. Further, Wilson alleges that Mealor raised questions about how the incident would harm Wilson’s family and implied that leniency would result if Wilson cooperated.

Ultimately, Wilson’s challenge to the first statement is that it was not given voluntarily. Our standard in reviewing whether a defendant’s custodial statements to police agents were voluntarily given is one of deference to the lower court’s findings of fact, if they are not clearly erroneous. We then exercise free review over the question of whether the facts found are constitutionally sufficient to show voluntariness. State v. McLean, 123 Idaho 108, 111, 844 P.2d 1358, 1361 (Ct.App.1992). It is the state’s burden to prove, by a preponderance of the evidence, that a statement was voluntarily made. State v. Carey, 122 Idaho 382, 384, 834 P.2d 899, 901 (Ct.App.1992). In making the determination of whether a statement is voluntary, we look to the totality of the circumstances. State v. Whiteley, 124 Idaho 261, 858 P.2d 800 (Ct.App.1993). We may consider the characteristics of the accused as well as the details of the interrogation, including whether Miranda warnings are given. State v. Troy, 124 Idaho 211, 858 P.2d 750 (1993).

Whether Mealor actually gave Miranda warnings to Wilson prior to their drive to Grangeville is a question of fact for the trial court. Lieutenant Mealor testified that prior to the drive, he read Wilson his Miranda rights from a plastic card that Mealor carried with him. Wilson, on the other hand, stated in his affidavit in support of his suppression motion that he had “no recollection of being advised of his right to remain silent or his right to consult an attorney.” The district court concluded that Wilson had been given Miranda warnings before any incriminating statement was made. Our review of the testimony in this case does not indicate that this factual determination by the district court was clearly erroneous.

Wilson claims that even if he was read his Miranda rights, the statements were not voluntary because of Mealor’s comments and behavior. By downplaying the seriousness of the charges, by stressing the harm that might come to Wilson’s family and by making *929 implied promises of leniency, Wilson claims Mealor improperly induced him to confess, making the statement involuntary.

For a defendant’s statement to be found to be involuntarily given, the defendant’s will must have been overcome by the police conduct at the time of the confession. Schneckloth v. Bustamonte, 412 U.S. 218, 225-26, 93 S.Ct. 2041, 2046-47, 36 L.Ed.2d 854 (1973); State v. McLean, 123 Idaho 108, 111, 844 P.2d 1358, 1361 (Ct.App.1992). Vague assurances of leniency, in and of themselves, do not necessarily render a confession inadmissible. Id. at 112, 844 P.2d 1358. The reviewing court must determine whether the statements made to the defendant were sufficient to undermine the defendant’s free will.

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Bluebook (online)
894 P.2d 159, 126 Idaho 926, 1995 Ida. App. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-idahoctapp-1995.