from the Superior Court in Pima County; No. CR20153290001;
The Honorable Janet C. Bostwick, Judge. AFFIRMED
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
Judge Eppich authored the opinion of the Court, in which
Judge Eckerstrom and Judge Espinosa concurred.
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
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
courts ruling, State v. Morris, 246 Ariz. 154, ¶ 2,
435 P.3d 1060 (App. 2019).
In June 2015, after a bank reported Kloss suspicious
activity involving an elderly customers accounts, Roger
Nusbaum, a special agent from the Attorney Generals office,
and Tyler Evenson, an FBI agent, arrested Klos at the beauty
salon she managed. Nusbaum drove Klos to the Attorney
Generals 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 Nusbaums 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 its my duty to advise you of your rights, okay?
Nusbaum: Because youre 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? Thats court of law, what that mean?
Nusbaum: Youre gonna be charged with a criminal offense.
Youre under arrest for a crime, thats why were gonna have
Nusbaum: Okay? You have the right to consult to an attorney
before making any statements or answering any questions. Do