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State v. Klos

Court of Appeals of Arizona, Second Division

December 10, 2019

The STATE of Arizona, Appellee,
v.
Supranom KLOS, Appellant.

Page 740

          Appeal from the Superior Court in Pima County; No. CR20153290001; The Honorable Janet C. Bostwick, Judge. AFFIRMED

         Mark Brnovich, Arizona Attorney General, Joseph T. Maziarz, Chief Counsel, By Heather A. Mosher, Assistant Attorney General, Tucson, Counsel for Appellee

         James L. Fullin, Pima County Legal Defender, By Jeffrey Kautenburger, Assistant Legal Defender, Tucson, Counsel for Appellant

         Presiding Judge Eppich authored the opinion of the Court, in which Judge Eckerstrom and Judge Espinosa concurred.

          OPINION

         EPPICH, Presiding Judge:

Page 741

         [¶1] Supranom Klos appeals her convictions for three counts of theft from a vulnerable adult, fraudulent use of a credit card, fraudulent scheme and artifice, and unlawful use of a power of attorney. She contends the trial court erred by denying her motion to suppress her self-incriminating statements because she was not adequately informed of her rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), or the consequences of waiving them before she was interrogated. For the following reasons, we affirm.

          Factual and Procedural Background

         [¶2] In reviewing a motion to suppress, we consider only the evidence presented at the suppression hearing, State v. Gonzalez, 235 Ariz. 212, ¶ 2, 330 P.3d 969 (App. 2014), viewing it in the light most favorable to upholding the trial court’s ruling, State v. Morris, 246 Ariz. 154, ¶ 2, 435 P.3d 1060 (App. 2019).

         [¶3] In June 2015, after a bank reported Klos’s suspicious activity involving an elderly customer’s accounts, Roger Nusbaum, a special agent from the Attorney General’s office, and Tyler Evenson, an FBI agent, arrested Klos at the beauty salon she managed. Nusbaum drove Klos to the Attorney General’s office in downtown Tucson, and because Klos had an accent indicating she was not a native English speaker, he talked with her during the twenty-minute trip to assess how well she understood English. Klos, a native Thai speaker who began to learn English when she moved to the United States in 1975, told Nusbaum she had difficulty understanding "hard words" but she could read and write in English at a tenth-grade level and had passed a cosmetology test in English. During the trip, Klos and Nusbaum conversed in English on various topics, with Klos generally responding appropriately to Nusbaum’s questions and remarks.

         [¶4] Once at the office, Klos again indicated she could read and write English at a tenth-grade level. Nusbaum then provided Klos a written waiver form and read it with her:

Nusbaum: Okay. All right, it says before we can ask you any questions it’s my duty to advise you of your rights, okay?
Klos: Umhm.
Nusbaum: Because you’re under arrest, you have the right to remain silent. Do you understand that?
Klos: Yes.
Nusbaum: Okay, anything you say can be used against you in a court of law or other proceedings. Do you understand that?
Klos: Um not really.
Nusbaum: Okay, if ... we have a conversation, anything we say can end up in a court of law. Do you understand that?
Klos: Okay, uh, why? That’s court of law, what that mean?
Nusbaum: You’re gonna be charged with a criminal offense. You’re under arrest for a crime, that’s why we’re gonna have this conversation.
Klos: Okay.
Nusbaum: Okay? You have the right to consult to an attorney before making any statements or answering any questions. Do ...

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