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State v. Maciel

Court of Appeals of Arizona, First Division

September 10, 2015

STATE OF ARIZONA, Appellee,
v.
CARLOS ANDRES MACIEL, Appellant

Page 622

Appeal from the Superior Court in Yuma County. No. S1400CR201300422. The Honorable David M. Haws, Judge.

Arizona Attorney General's Office, Phoenix, By Michael O'Toole, Counsel for Appellee.

Yuma County Public Defender's Office, Yuma, By Edward F. McGee, Counsel for Appellant.

Judge Kenton D. Jones delivered the opinion of the Court, in which Chief Judge Michael J. Brown joined. Judge Peter B. Swann dissented.

OPINION

Page 623

Kenton D. Jones, Judge:

[¶1] Carlos Maciel appeals his conviction and sentence on one count of burglary in the third degree. Maciel contends the trial court erred in denying his motions: (1) to suppress his statements to police, and (2) for judgment of acquittal on the basis that the State failed to establish the corpus delicti. For reasons set forth below, we affirm.

FACTS AND PROCEDURAL HISTORY

[¶2] On April 10, 2013, a motorist observed Maciel seated next to a vacant building with a broken window. The motorist noticed the board that previously covered the broken window had been removed and, aware of prior break-ins at the building, called the police. An officer was dispatched to what was reported as a possible burglary.

[¶3] Upon arrival, and after speaking with the motorist, the officer contacted Maciel, who was still seated a few feet from the broken window, obtained his identification, and conducted a pat-down search for weapons. Finding no weapons on or outstanding warrants for Maciel, the officer asked him " what he was doing" and if he knew " how the board got removed from the window." Maciel replied that he was just sitting down and denied any knowledge of the board being removed from the window. The officer asked Maciel to sit in his patrol vehicle until another officer arrived at the scene. A second officer arrived within minutes, and Maciel was then asked to sit on the curb next to the building while the second officer stood nearby. Maciel complied with the officer's requests.

[¶4] The pastor of the church on the property adjoining the vacant building arrived and advised that the board had been in place over the broken window three days earlier. With that additional information, the first officer again asked Maciel about the window. Without further prompting, Maciel admitted removing the board the day before and entering the building to look for money. He stated that another male told him to go inside, but Maciel alone had entered the building. Maciel was then placed under arrest, handcuffed, and placed in the patrol vehicle.

[¶5] Two officers then entered the building to search for evidence of a burglary or persons possibly still in the building. Shoe prints inside did not match the shoes worn by Maciel at the time of his arrest, and there was no other evidence of entry. The pastor was unable to identify anything missing or stolen.

[¶6] Then, the first officer went back to the patrol vehicle, advised Maciel of his rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and again asked him about going into the building. Maciel again reported he removed the board and entered the building. Maciel stated he pulled the board off " by hand," and when he was advised the shoe prints inside did not match his shoes, Maciel stated " he ...


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