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Solis v. State5/12/1993
llant's ex-girlfriend testified that she spoke to Appellant in English during their relationship; she did not speak any Spanish. She stated that sometimes Appellant would understand her and other times she would have to repeat her statements. She had also observed him reading magazines written in English and watching English-speaking television programs. Appellant was able to read notes she had written in English. At one point following his arrest, she explained a proposed plea bargain to Appellant, which he appeared to understand.
The trial court cited several other factors which indicated that Appellant adequately understood English: Detectives Rozier and McGrath communicated with Appellant at a level which enabled them to learn where he worked, that no one else had been driving the vehicle, and that Appellant had been drinking on the night of the burglary; Appellant was able to direct the officers to the guns' location; Appellant previously encountered our criminal justice system when he was convicted of driving under the influence ; and Appellant had been in the United States off and on for nine years and worked here during most of that time. Both officers believed that Appellant understood their questions. Most importantly though, Appellant indicated either physically or verbally that he understood each Miranda right after it had been read to him.
The trial court found that the preponderance of evidence supported a finding that Appellant's waiver was made voluntarily, knowingly, and intelligently. Given the totality of the circumstances surrounding Appellant's interrogation, we conclude that sufficient evidence existed to support the trial court's decision.
Affirmed.
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