from the Superior Court in Pima County No. CR20153290001 The
Honorable Janet C. Bostwick, Judge
Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief
Counsel By Heather A. Mosher, Assistant Attorney General,
Tucson Counsel for Appellee
L. Fullin, Pima County Legal Defender By Jeffrey
Kautenburger, Assistant Legal Defender, Tucson Counsel for
Presiding Judge Eppich authored the opinion of the Court, in
which Judge Eckerstrom and Judge Espinosa concurred.
EPPICH, Presiding Judge:
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
(1966), or the consequences of waiving them before she was
interrogated. For the following reasons, we affirm.
and Procedural Background
In reviewing a motion to suppress, we consider only the
evidence presented at the suppression hearing, State v.
Gonzalez, 235 Ariz. 212, ¶ 2 (App. 2014), viewing
it in the light most favorable to upholding the trial
court's ruling, State v. Morris, 246 Ariz. 154,
¶ 2 (App. 2019).
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.
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,
Nusbaum: Because you're under arrest, you have the right
to remain silent. Do you understand that?
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.
Nusbaum: Okay? You have the right to consult to an attorney
before making any statements or answering any questions. Do
you understand what that means?
Klos: Um, I don't have any, . . . I don't have
Nusbaum: Okay, well . . . if you want to wait to talk to a
lawyer before you talk to us, I just need to know that, okay?
If you want to talk to us about, you know, the events, I just
need to know that you ...