Gilberto Hilario CHIM
v.
STATE of Mississippi.
Supreme Court of Mississippi.
*602 Edmund J. Phillips, Jr., attorney for appellant.
Office of the Attorney General by W. Glenn Watts, attorney for appellee.
EN BANC.
GRAVES, Justice, for the Court.
¶ 1. Chim appeals his conviction of statutory rape and sexual battery, contending that the trial court erred in denying his motion to suppress his confession in violation of his Fifth and Sixth Amendment right to counsel. Chim maintains that he did not knowingly and intelligently waive his Miranda rights, and that his statement was not made voluntarily. We affirm the trial court's denial of Chim's motion to suppress his confession.
FACTS AND PROCEDURAL HISTORY
¶ 2. On October 12, 2006, Chim, a native of Guatemala, was sentenced to life imprisonment for statutory rape of a five-year-old girl and twenty years imprisonment for sexual battery, with ten years to run consecutively to his life sentence and ten years suspended, with Chim to be placed on post-release supervision.[1] Chim's conviction was preceded by an arrest that entailed a waiver of his Miranda rights and a subsequent confession. He appeals, arguing that the Circuit Court of Scott County erred when it failed to suppress his confession.
¶ 3. Specifically, Chim asserts that he did not adequately understand the English language and therefore did not understand the Miranda warnings articulated to him in English by the three arresting officers: Chief Mike Lee, Officer Will Jones, and Officer Robert Roncolli. Hence, hе contends that, although he signed the waiver indicating that he waived his Miranda rights, he did not knowingly and intelligently waive them. Further, he contends that because his waiver was not knowingly and intelligently made, that his confession was not voluntary. Hence, Chim avers that his subsequent confession should have been suppressed as evidеnce.
¶ 4. To corroborate this contention, Chim offered the following evidence during the suppression hearing: (1) his testimony that he requested but was refused an interpreter; (2) his testimony that he signed the waiver because the officers told him that "he had to sign"; (3) his testimony that he did not understand the meaning of the right to counsel; and (4) his estranged wife's testimony that she sometimes used her sister-in-law's son to serve as an interpreter *603 for herself and her husband during the course of their marriage.
¶ 5. The State contends that the trial court was correct in denying Chim's motion to suppress his confession. Specifically, the Statе argues that there was "credible, substantial corroborated evidence in support of the trial court's ruling," which included the following: (1) the testimony of Officer Lee that Chim spoke and understood the English language; (2) the testimony of Officer Roncolli that Chim "seemed to understood [sic] us well. He could spеak English"; (3) the testimony of Chief Mike Lee that Chim understood his Miranda rights; (4) the officers' testimony that Chim did not request an interpreter and never indicated that he could not understand English; and (5) Chim's estranged wife's testimony that she and Chim communicated in English during their marriage.
¶ 6. We find that the trial judge applied the correct legal standard, and his finding was supported by substantial evidence when he found that Chim's waiver of his Miranda warnings was valid. Furthermore, the trial judge's decision to deny Chim's motion to suppress was not manifestly in error, nor was it contrary to the overwhelming weight of the evidence. Accordingly, we affirm the trial court's denial of Chim's motion to suppress his confession.
DISCUSSION
Whether the Trial Court Erred in Denying Chim's Motion to Suppress his Confession.
A. Whether Chim Validly Waived his Miranda Rights.
¶ 7. In Miranda, the United States Supreme Court held that the Fifth and Fourteenth Amendments' prohibitions against compelled self-incrimination require that, prior to custodial interrogation, the accused must be advised of his right to remain silent and his right to counsel. Miranda v. Arizona,
¶ 8. For a waiver of one's Miranda rights to be considered valid, the state must prove beyond a reasonable doubt that "`the waiver [was] made voluntarily, knowingly and intelligently.'" Coverson v. State of Mississippi,
¶ 9. "The trial judge sits as the trier of fact and must determine whether the incriminating statement was freely and voluntarily given. The judge should determine whether the criminal defendant was advised of his rights, including the right against self-incrimination as set forth in Miranda. . . ." Baldwin v. State,
*604 ¶ 10. In the instant case the trial judge conducted a suppression hearing outside the presence of the jury, as required by law, and concluded that the State met its burden and proved the validity of Chim's waiver beyond a reasonable doubt. Frost v. State,
Well, this court has heard the testimony of the three officers who were present at the time of the taking of the statement, who each, and all three, testified that the conversation between the officers and this dеfendant was [sic] statements that I understood he was able to carry on that conversation without the need of an interpreter, and he appeared to understand the questions in the language that was being used, that he understood appeared to understand English, and he was able to correspond back to them speaking in English, and no threats of violence[,] promises, hopes, or rewards, or intimidation was [sic] upon the defendant, that he appeared to understand his rights that was [sic] given to him, and that he voluntarily waived those rights. It appears from the testimony of those three witnesses, and even the testimony of this defendant at this time, that he understood the questions that was [sic] asked of him, and that he responded in intelligible English. I find that there was [sic] no threats of violence or intimidation, promises of reward or otherwise, which would cause him to waive his rights and make a statement. . . . I do nоte that his signature to the waiver and to the statement of facts is quite legible. He signed his name, Gilbert H, initial, Chim, in legible writing. So your objection to the statement for the reason that he did not sufficiently understand English well enough to understand the Miranda Rights, and that the statement that he gave was not he did not sufficiently understand English enough to give that type of statement, so your objection is overruled.
¶ 11. "Whether this conclusion is correct is a mixed issue of law and fact." Holland v. State,
¶ 12. Chim argues that he did not make a knowing and intelligent waiver because he did not understand the words read to him from the waiver-of-rights form. When asked by his attorney if "[he] spoke English well," Chim responded that he "understand[s] the majority of the words, other words I don't understand." Chim further testified that he did not understand all of the wоrds on the waiver-of-rights form, and that he "didn't quite get" what an attorney was. Chim also contends that he requested an interpreter, but the officers refused to provide one because they understood what he was saying. He further asserts "the testimony of Kimberly Chim [, his estranged wife,] provided reasonable doubt that [he] could actually understand [his] rights and knowingly and intelligently waive them." The following is an excerpt from the testimony of Kimberly Chim:
Q. If there is something difficult, like a difficult word or a big word, is he does he always understand that?
A. Unh-unh. He asks me how you say this word and he's trying to pronounce everything.
Q. Do you ever do you ever get friends of his that speak English and Spanish to interpret for him? Have you ever done that?
*605 A. My nephew, his my sister-in-law's boy.
For the foregoing reasons, Chim contends that he did not validly waive his Miranda rights, and therefore the trial judge erred in finding otherwise.
¶ 13. We disagree. The trial judge's finding that Chim validly waived his Miranda rights was based upon appropriate principles of lаw and supported by substantial evidence. Holland,
. . . . The Court would find that the evidence prеsented, shows beyond a reasonable doubt that the statement made by the defendant was freely and intelligently and voluntary made without any improper inducement. There were no The Court does not find that there were any promises of salvation or redemption. Basically the officer was getting to the point, or asking him about did he knowdid he understand right from wrong, and he indicated that he did. The evidence further shows that the defendant reads, speaks and understands English well. He was born in the United States, although from a Vietnamese family. He still went to English-speaking schools to the tenth grade, and in his testimony todаy spoke English fluently, and indicated that he understood English well and read English well, and as I said before, went to the tenth grade. So there was no the Court finds there was no improper inducement made, and that his statement was a voluntary statement; that he understood his rights, and that he made a voluntary waiver of his сonstitutional rights; that the proper [Miranda] Warnings were given to him. He initialed each and every one of those and signed his name, which he signed the name that he uses, Tony. So I'm going to deny the motion.
Le,
¶ 14. Other jurisdictions also have considered this specific issue at length. In Campaneria v. Reid,
¶ 15. In United States v. Bernard S.,
It is clear from the record that appellant does have some difficulty with English. He testified that he neither reads nor writes English, he occasionally spoke Apache with his mother аnd Lt. Stevens during the questioning to clarify some items, and he was assisted in his testimony at trial by an interpreter. On the other hand, he admitted that he studied English through the seventh grade and that he answered Agent Bedford's questions in English.
Most importantly, after Bedford explained each of his rights to him in English, appellant stated that he understood his rights. Bedford testified that "I asked him if he understood [his rights], if he understood all of the wording, and he stated that he did. He didn't have any questions. I also made sure that his mother understood what his rights were. And I explained to both of them and asked them if they understood. And they stated that they did." At no time did appellant indicate thаt he did not understand his rights.
Id. at 752,
¶ 16. Similarly, in United States v. Marrero,
The evidence presented at the suppression hearing showed that, at all relevant times, defendant spoke in English (including when he was banging on the door yelling "let me in" and "open the door") and that he never asked for an interpreter or indicated difficulty with the English language. Moreover, several law enforcement officers, including Officers Crader аnd Meyer, Detective Knapp, an immigration officer, and a probation officer, testified about defendant's proficiency in English based upon their observations and conversations with him. Accordingly, we hold that the district court did not clearly err in finding that defendant could understand English and that he effеctively waived his Miranda rights, and we further hold, upon de novo review, that the totality of the circumstances supports the conclusion that defendant's statements were voluntary.
Id. at 1034.
¶ 17. In the instant case, we find that the trial court's finding was based upon appropriate principles of law and supported by substantial evidence. Holland,
¶ 18. Chim was given a chance to read the Miranda waiver form before signing it, and he gave his statement in English. The officers also testified that Chim was not threatened or intimidated, nor was he offered any promises, hopes, or rewards. Moreover, they testified that Chim appeared *607 to understand his rights, and that he voluntarily waived his rights. Additionally, the prosecution offered the testimony of Kimberly Chim, Chim's estranged wife, who testified that during their marriage, she was not fluent in Spanish; hence, she and Chim communicated in English.
¶ 19. Therefore, this assignment of error is without merit.
B. Whether the Trial Court Erred in Denying Chim's Motion to Suppress his Confession.
¶ 20. "Where a trial judge finds at a preliminary hearing that а confession is admissible, `the defendant/appellant has a heavy burden in attempting to reverse that decision on appeal.'" Le,
¶ 21. For reasons stated herein, we find that the trial court's denial of Chim's motion to suppress his confession was not manifestly wrong or contrary to the overwhelming weight of the evidence. Therefore, this assignment of error is without merit.
CONCLUSION
¶ 22. Because we find that the trial court applied the correct lеgal standard and that its findings were supported by substantial evidence in its determination that Chim knowingly, intelligently, and voluntarily waived his Miranda rights, we conclude that its denial of Chim's motion to suppress was not manifestly in error or against the overwhelming weight of the evidence. Therefore, we affirm the trial court's denial of Chim's motion to suppress his confession.
¶ 23. COUNT I: CONVICTION OF STATUTORY RAPE AND SENTENCE OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED. COUNT II: CONVICTION OF SEXUAL BATTERY AND SENTENCE OF TWENTY (20) YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AFFIRMED. THIS SENTENCE SHALL RUN CONSECUTIVE TO THE LIFE SENTENCE IMPOSED IN COUNT I. UPON SERVING TEN (10) YEARS OF SAID TWENTY (20) YEAR SENTENCE FOR SEXUAL BATTERY, TEN (10) YEARS OF SAID SENTENCE ARE SUSPENDED WITH CHIM PLACED ON POST CONVICTION RELEASE SUPERVISION FOR A PERIOD OF TEN (10) YEARS.
SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ., CONCUR.
NOTES
Notes
[1] Chim was convicted in violation of Mississippi Code Annotated Sections 97-3-65(1)(b) and 97-3-95(1)(d) (Rev.2006).