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Guerrero v. State7/28/1999
- 1 - 4082 NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited for any proposition of law, nor as an example of the proper resolution of any issue.
MEMORANDUM OPINION AND JUDGMENT [No. 4082 - July 28, 1999]
Following a jury trial, Jonny Guerrero was convicted of felony driving while intoxicated (DWI) and driving while license revoked (DWLR). He appeals his DWI conviction, contending that Superior Court Judge Larry R. Weeks should have suppressed evidence because Guerrero was denied his right to contact a friend immediately after his arrest, and because he was not given his Miranda warnings before he was questioned by police. We affirm.
Facts and proceedings
On February 26, 1997, Officer Curtis Weske went to the Douglas In & Out in Juneau to talk to Charles Katz, the victim of a reported assault. Katz told Officer Weske that he had been assaulted by Jonny Guerrero, his roommate. Weske saw an injury on Katz's arm. Katz said the injury was sustained during the assault.
After this interview, Officer Weske went to the Guerrero/Katz house in an effort to locate Guerrero. When Weske got there, he found the front door open. He announced himself and called for Guerrero, but no one responded.
Officer Weske returned to the Douglas In & Out, met with Katz again, and they both went to the house. Guerrero still was not there. Because Katz thought that Guerrero was probably out walking around, Weske drove around the area, looking for Guerrero. A few minutes later, Weske stopped at the house because he saw a vehicle in the driveway. He had not seen any vehicles there during his two previous visits.
As Officer Weske walked up the stairs, Guerrero emerged from the house and met him on the porch. Guerrero said that everything was fine. Guerrero also said that he had called his probation officer and was working everything out. Guerrero told Weske that he was on probation for his third DWI.
Officer Weske noticed that Guerrero smelled of alcohol. Weske asked Guerrero if he had been drinking; Guerrero said no. Weske asked Guerrero if he had been driving; Guerrero said no and claimed that a friend had driven the vehicle. Weske asked for more information about the friend. Guerrero admitted that he had driven the vehicle in an effort to find Katz. Guerrero said that he had pushed Katz during an argument. He also admitted that his license was revoked.
During this contact, Weske never told Guerrero that he was not free to leave, nor did Guerrero ask Weske to leave, or tell Weske that he did not want to talk to him.
Officer Weske observed that Guerrero had bloodshot, watery eyes, slurred speech and an odor of alcohol about his person - signs that Guerrero had been drinking. Weske administered field sobriety tests, which Guerrero failed. Weske arrested Guerrero for DWI, DWLR, and assault.
While Officer Weske was attempting to handcuff him, Guerrero struggled and ignored Weske's instructions. Guerrero asked to speak to Katz. Weske did not allow Guerrero to speak directly to Katz, but asked Guerrero what he wanted to tell Katz, then instructed another officer to convey the information to Katz. After Guerrero was placed into Weske's vehicle, Weske told Katz that he was taking Guerrero to the police station. He then transported Guerrero to the police station and gave him a breath test. The Intoximeter result was .150. Guerrero was subsequently tried and
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