CourtListener 10772849•The State of Texas v. Yozmara Garcia
Texto completo
NUMBER 13-25-00283-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
THE STATE OF TEXAS, Appellant,
v.
YOZMARA GARCIA, Appellee.
ON APPEAL FROM THE 398TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Justice Fonseca
Appellee Yozmara Garcia was charged by indictment with one count of intoxication
manslaughter, a second-degree felony, and one count of intoxication assault, a third-
degree felony. See TEX. PENAL CODE §§ 49.07, .08. The trial court granted Garcia’s motion
to suppress evidence of video-recorded statements she made to law enforcement.
Appellant, the State of Texas, argues by one issue that the trial court erred in doing so.
We reverse and remand.
I. BACKGROUND
The charged offenses arose out of a car accident which occurred in Pharr on
November 17, 2023. Garcia was arrested after the accident, and she moved to suppress
statements she made to Pharr Police Department officer Juan R. Contreras Jr. in a video-
recorded custodial interview. Garcia argued the statements were not knowingly,
intelligently, and voluntarily made, and were therefore inadmissible under the Fourth,
Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; article I, §§ 9
and 10 of the Texas Constitution; and articles 1.05 and 38.23 of the Texas Code of
Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 38.23(a) (“No evidence
obtained by an officer or other person in violation of any provisions of the Constitution or
laws of the State of Texas, or of the Constitution or laws of the United States of America,
shall be admitted in evidence against the accused on the trial of any criminal case.”).
At a pre-trial hearing on the motion, Contreras testified that the accident occurred
at around 11:57 or 11:58 p.m., and he arrived at the scene at around 12:10 a.m. on
November 18. He was the lead investigator on the case. The following afternoon, at
around 4:30 p.m., Contreras was advised that Garcia asked to talk to the lead investigator,
so he met with her in an interrogation room at the police station.1 Before the interview,
Contreras read Garcia her Miranda rights from a form entitled “Pharr Police Department
Miranda Warnings.” See Miranda v. Arizona, 384 U.S. 436, 467 (1966) (“[W]ithout proper
safeguards the process of in-custody interrogation of persons suspected or accused of
1 Contreras later stated that he “waited until the afternoon to interview her” because “she had come
back from her medical clearance” at that time.
2
crime contains inherently compelling pressures which work to undermine the individual’s
will to resist and to compel him to speak where he would not otherwise do so freely. In
order to combat these pressures and to permit a full opportunity to exercise the privilege
against self-incrimination, the accused must be adequately and effectively apprised of his
rights and the exercise of those rights must be fully honored.”). The form he used was
entered into evidence and states:
Before you are asked any questions, it is my duty to advise you of your
rights and to warn you of the consequences of waving [sic] these rights.
1. You have the right to remain silent and not make any statement at
all.
2. Any statement you make may be used as evidence against you at
trial.
3. You have the right to have a lawyer present to advise you prior to
and during any questioning.
4. If you are unable to employ a lawyer, you have the right to have a
lawyer appointed to advise you prior to and during any questioning,
and
5. You have the right to terminate the interview at any time.
Garcia initialed each numbered item; checked “yes” next to the questions, “Do you
understand your Miranda warnings?” and “If so, would you like to waive your rights?”; and
signed her name at the bottom of the form. Garcia proceeded to answer all of Contreras’s
questions regarding the subject accident; she never asked for an attorney or for the
interview to stop. Contreras denied directly or indirectly promising Garcia anything in
exchange for her statement, and he said Garcia was not deprived of “any basic
necessities” such as food or water. He also opined that Garcia did not appear “extremely
tired, sick, or injured” during the interview.
The video recording of the interview was entered into evidence and played for the
3
trial court. The court reporter transcribed the relevant part of the recording as follows:
[Contreras]: I’m going to read your Miranda Warnings, and then after
every question, after every number I read you, every
warning, if you understand, I’m going to have you initial it.
Okay.
If you don’t, let me know like I explained to you. Okay. This
is your copy so you can follow along (indicating). I’m going
to start right there (indicating). These are your Miranda
Warnings, Ms. Garcia.
“Before you are asked any questions, it is my duty to
advise you of your rights, and to warn you of the
consequences of waiving these rights.” Do you understand
that?
[Garcia]: Yes.
[Contreras]: Okay. Number one.
“You have the right to remain silent, and not make any
statement at all.” Do you understand that?
[Garcia]: Yes.
[Contreras]: Can you just sign here (indicating). Put your initials right
here (indicating), acknowledging that you understand
that—this one.
Number two. “Any statement you make may be used as
evidence against you at your trial.” Do you understand
that?
[Garcia]: Yes.
[Contreras]: “You have the right to have a lawyer present”—
[Garcia]: Yes.
[Contreras]: —“and advise you prior and during any questions.” Do you
understand that right?
[Garcia]: (No verbal response audible.)
[Contreras]: Number four. “If you are unable to employ a lawyer, you
have the right to have a lawyer appointed to advise you,
and advise you prior to and during any questioning.” Do
4
you understand Number Four?
[Garcia]: Like, they’ll give me a lawyer if I don’t have one?
[Contreras]: Yeah. Once we’re downstairs with the Judge, he can ask
if you have—how to pay a lawyer [sic2]. If not, he’ll start
the process for you.
[Garcia]: Okay.
[Contreras]: Okay. And Number Five, “You have the right to terminate
the interview at any[ ]time.” So, that means you can start
talking to us. And then, if you don’t want to answer the
question just say, “You know what, I can stop.” That’s what
that—that means.
Do you understand your right?
[Garcia]: (No verbal response audible.)
[Contreras]: Then initial if you understand.
(Ms. Garcia complies.)
[Contreras]: Can you sign right here (indicating) that your rights were
given to you.
[Garcia]: Do I need initial [sic]?
[Contreras]: No, the signature.
(Ms. Garcia complies.)
[Contreras]: I’m signing right here (indicating), because I was the one
that read you your rights.
Okay. One more time, “Do you understand your Miranda
Warnings?” The first set of rights that I read to you, do you
understand them?
[Garcia]: Yes.
[Contreras]: Okay. Can you just checkmark this (indicating).
2 The audio quality of the recording is poor. Contreras later testified that, in response to Garcia’s
request for clarification of warning number four: “I told her when you go downstairs you’ll see a Judge, and
you’ll get a bond. And if you can’t afford a lawyer, that’s when the Judge starts the process for you to get
you a lawyer.”
5
(Ms. Garcia complies.)
[Contreras]: “If so, would you like to waive your rights and talk to me?”
[Garcia]: What do you mean, “Waive my rights?”
[Contreras]: Like, you want to talk to me. Like, you want to talk to me,
but remember you still have Number Five; at any[ ]time
you want to stop talking, you can stop talking. Put, yes,
that you would like to talk about your case.
[Garcia]: And I sign again?
[Contreras]: Sign again right here (indicating). It’s 5:14 p.m.
Contreras stated that, if Garcia had ever asked for an attorney, he would have stopped
the interview “and we would’ve just gone downstairs and put her back in booking, and
gone with the Judge . . . to set her bond.”
On cross-examination, Contreras agreed that he told Garcia “that she could get a
lawyer, but not until she was downstairs” and spoke to the judge. He further agreed that
according to her questions, Garcia did not initially know what it meant to waive her rights,
and when she asked for clarification in that regard, he only specifically advised her of the
fifth enumerated right. He also testified that he did not advise Garcia of the charges filed
against her until toward the end of the half-hour-long interview; when he told her she was
being charged with intoxication manslaughter, she realized her friend had died and
started crying.
Garcia denied telling anyone at the jail that she wanted to speak to a detective.
When asked whether she “underst[oo]d the rights that [Conteras] was giving you as you
were putting your initials down,” Garcia replied: “No.” She explained that, after Contreras
attempted to clarify her right to an appointed attorney, she believed that she could only
see the judge to obtain the attorney after the interview was concluded. When asked why
6
she sought clarification as to waiver, Garcia explained “I couldn’t really understand, like,
the way he was explaining it. But I didn’t want to waive my rights, I just wanted a lawyer
present. And he kind of made it seem like I had to wait until afterwards to see the Judge
first.” She acknowledged that she never actually told Contreras she wanted an attorney,
nor did she ever ask for the interview to stop.
On cross-examination, Garcia acknowledged that she previously worked as a
correctional officer, but she denied being aware of Miranda rights before the events of
this case. She agreed that she signed and initialed the form stating she understood and
waived her rights, but she testified she did not in fact understand them “the way
[Contreras] was saying it.” When asked why she signed the form anyway and did not ask
for further clarification, she said she “was, like, half asleep at the time.”
The trial court granted the motion to suppress and issued the following factual
findings:
1. Defendant Yozmara Garcia was in the custody of the Pharr Police
Department on November 18, 2023, when she was interrogated by
Investigator Juan R. Contreras[] Jr.
2. Investigator Contreras read a Miranda “form” apparently used by the
Pharr Police Department to Defendant Garcia.
3. This Miranda “form” did not contain the required warning that, “Any
statement she makes may be used against her as evidence in court.”
4. Prior to this instance, Defendant Garcia had no exposure to Miranda
warnings.
5. When advised that she had the right to an attorney, Defendant
Garcia requested clarification.
6. When asked to clarify about Defendant “getting a lawyer,”
Investigator Contreras advised her[] the judge would address that
issue after the interview.
7. Defendant Garcia understood that she would see a judge after the
7
interview and that was when she would be given a lawyer.
8. When Investigator Contreras asked whether Defendant Garcia
would waive her rights, she did not understand what it meant to waive
her rights and again requested clarification. This request for
clarification was met by Investigator Contreras advising Defendant
Garcia that waiving her rights meant that she wanted to talk to him.
Defendant Garcia relied on this clarification.
a. Investigator Contreras[] did not clarify that Defendant could
remain silent;
b. Investigator Contreras[] did not clarify that she was entitled to
an appointed lawyer; Investigator Contreras did not tell her
she would get an appointed lawyer. Instead, Investigator
Contreras advised Defendant Garcia that she could talk to the
judge about the process of getting a lawyer once the interview
was concluded.
9. Defendant was not advised of charges levied against her until the
conclusion of the interview.
10. The Court further notes its observations of the in-court testimony and
demeanor of the witnesses. Accordingly, this Court finds Investigator
Contreras’ in-court testimony not credible to this Court. This is
especially true when confronted with the various clarifications
requested by Defendant Garcia. The Court[] finds that a measure of
deception was used by Investigator Contreras when Defendant
Garcia asked for clarification regarding her right to an attorney and
again when she asked for clarification regarding what it meant to
“waive her rights.” Therefore, this Court finds Investigator’s in-court
testimony/explanations not credible.
By contrast, the Court finds Defendant’s demeanor in the audio/video
to be a genuine ignorance of those principles with which she was
held to have understood and “waived.” Given this, the Court finds
that Defendant’s in-court testimony to be credible [sic] when
explaining the ignorance the court finds in the audio/video. The Court
finds Defendant’s in-court testimony credible and hereby gives it
more weight than that of Investigator Contreras.
The Court considered not only the in-court testimony, but also had
the benefit of observing the demeanor of the witnesses in the
audio/video recorded interview submitted as [evidence].
(Footnotes omitted.) See TEX. CODE CRIM. PROC. ANN. art. 38.22, § 6 (providing that “[i]n
all cases where a question is raised as to the voluntariness of a statement of an accused,
8
the court must make an independent finding in the absence of the jury as to whether the
statement was made under voluntary conditions”); see also Ochoa v. State, 707 S.W.3d
344, 360 (Tex. Crim. App. 2024) (concluding that abatement for findings under article
38.22, § 6 was unnecessary where “most of the relevant facts are contained in
[a]ppellant’s videotaped interview” and “the facts are largely uncontested”).
Based on the foregoing, the trial court concluded that Garcia “did not knowingly,
intelligently and voluntarily waive her Miranda [r]ights.” This accelerated interlocutory
appeal followed. See TEX. CODE CRIM. PROC. ANN. art. 44.01(a)(5).
II. MOTION TO SUPPRESS
A. Standard of Review
We review a trial court’s ruling on a motion to suppress under a bifurcated standard
of review. Armstrong v. State, 713 S.W.3d 893, 902 (Tex. Crim. App. 2025); Ochoa, 707
S.W.3d at 360; State v. Martinez, 570 S.W.3d 278, 281 (Tex. Crim. App. 2019). First, we
afford “almost complete deference” to the trial court’s findings of historical fact as well as
mixed questions of law and fact that turn on an evaluation of credibility and demeanor.
Armstrong, 713 S.W.3d at 902; Abney v. State, 394 S.W.3d 542, 547 (Tex. Crim. App.
2013) (quoting Amador v. State, 275 S.W.3d 872, 878 (Tex. Crim. App. 2009)). We do
this because the trial judge is the sole judge of witness credibility and the weight to be
given to witness testimony. See Ochoa, 707 S.W.3d at 360; Ex parte Moore, 395 S.W.3d
152, 158 (Tex. Crim. App. 2013). Second, “we review de novo the legal significance of
the facts found by the trial court.” Armstrong, 713 S.W.3d at 902.
“As a general rule, appellate courts view the evidence in the light most favorable
to the trial judge’s ruling, regardless of whether the judge granted or denied the
9
suppression motion.” State v. Woodard, 341 S.W.3d 404, 410 (Tex. Crim. App. 2011)
(footnote omitted). “Thus, courts afford the prevailing party ‘the strongest legitimate view
of the evidence and all reasonable inferences that may be drawn from that evidence.’” Id.
(quoting State v. Garcia-Cantu, 253 S.W.3d 236, 241 (Tex. Crim. App. 2008)). The ruling
will be upheld if it is supported by the record and correct under any theory of law
applicable to the case. Young v. State, 283 S.W.3d 854, 873 (Tex. Crim. App. 2009).
B. Applicable Law
Article 38.22, § 3 of the Texas Code of Criminal Procedure provides that an oral
statement made by a suspect in police custody is inadmissible as evidence unless,
among other things, the accused is warned prior to the statement as provided in § 2 of
that article and “knowingly, intelligently, and voluntarily” waives the rights set out in the
warning. TEX. CODE CRIM. PROC. ANN. art. 38.22, § 3(a)(2); see id. art. 38.21 (“A statement
of an accused may be used in evidence against him if it appears that the same was freely
and voluntarily made without compulsion or persuasion, under the rules hereafter
prescribed.”). The warnings required by article 38.22, § 2 are as follows:
(1) [the accused] has the right to remain silent and not make any
statement at all and that any statement he makes may be used
against him at his trial;
(2) any statement he makes may be used as evidence against him in
court;
(3) he has the right to have a lawyer present to advise him prior to and
during any questioning;
(4) if he is unable to employ a lawyer, he has the right to have a lawyer
appointed to advise him prior to and during any questioning; and
(5) he has the right to terminate the interview at any time.
Id. art. 38.22, § 2(a); see Miranda, 384 U.S. at 436 (holding that similar warnings are
10
required by the Due Process Clause of the United States Constitution). An accused must
be administered these warnings or their “fully effective equivalent[s]” for a statement to
be admissible. TEX. CODE CRIM. PROC. ANN. art. 38.22, § 3(e)(2); see Sosa v. State, 769
S.W.2d 909, 916 (Tex. Crim. App. 1989) (“[A] warning which is only slightly different from
the language of the statute but which conveys the exact meaning of the statute is sufficient
to comply with the statute.”).
The State has the burden of showing, by a preponderance of the evidence, that a
suspect knowingly, intelligently, and voluntarily waived their Miranda rights. Joseph v.
State, 309 S.W.3d 20, 24 (Tex. Crim. App. 2010); Leza v. State, 351 S.W.3d 344, 349
(Tex. Crim. App. 2011). The waiver need not be explicit or written. See, e.g., State v.
Oliver, 29 S.W.3d 190, 193 (Tex. App.—San Antonio 2000, pet. ref’d).
There are two facets to any inquiry with respect to the adequacy of a
purported waiver of Miranda rights: First, the waiver must be “voluntary in
the sense that it was the product of a free and deliberate choice rather than
intimidation, coercion, or deception.” Second[,] the waiver must be made
“with a full awareness both of the nature of the right being abandoned and
the consequences of the decision to abandon it.”
Leza, 351 S.W.3d at 349 (first quoting Joseph, 309 S.W.3d at 24; and then quoting
Ripkowski v. State, 61 S.W.3d 378, 384 (Tex. Crim. App. 2001)).
It will suffice to render a waiver knowing and intelligent . . . that the accused
has been made aware, and fully comprehends, that he has the right to
remain silent in the face of police interrogation and to discontinue the
dialogue at any time, and that the consequence of his waiver is that his
words may be used against him later in a court of law.
Id. at 350.
Once it is determined that a suspect’s decision not to rely on his rights was
uncoerced, that he at all times knew he could stand mute and request a
lawyer, and that he was aware of the State’s intention to use his statements
to secure a conviction, the analysis is complete and the waiver is valid as a
matter of law.
11
Moran v. Burbine, 475 U.S. 412, 422–23 (1986); Leza, 351 S.W.3d at 349.
Voluntariness is measured according to the totality of the circumstances. Smith v.
State, 779 S.W.2d 417, 427 (Tex. Crim. App. 1989). This approach requires the
consideration of “all the circumstances surrounding the interrogation,” including the
defendant’s experience, background, and conduct. Joseph, 309 S.W.3d at 25 (quoting
Fare v. Michael C., 442 U.S. 707, 725 (1979)).
“The determination of whether a statement is voluntary is a mixed question of law
and fact, i.e., an application of law to a fact question.” Garcia v. State, 15 S.W.3d 533,
535 (Tex. Crim. App. 2000). Accordingly, we defer to the trial court’s resolution of this
question only if that resolution “turn[ed] on an evaluation of credibility and demeanor.”
Armstrong, 713 S.W.3d at 902; Abney, 394 S.W.3d at 547.
C. Analysis
The State argues that the trial court erred in suppressing Garcia’s statement for
several reasons, including: (1) the written warning form substantially complied with article
38.22, § 2; (2) Garcia never requested an attorney or for the interview to stop;
(3) Contreras was not “being intimidating, coercive, or deceptive” in his responses to
Garcia’s requests for clarification; and (4) the “indisputable video evidence” shows that
Garcia’s waiver “resulted from a free and deliberate choice without intimidation, coercion,
or deception.” See Carmouche v. State, 10 S.W.3d 323, 332 (Tex. Crim. App. 2000)
(declining to defer to the trial court’s credibility determination where a “videotape
present[ed] indisputable visual evidence contradicting essential portions of [the witness’s]
testimony”).
On appeal, Garcia does not dispute that the written waiver form contained the “fully
12
effective equivalent[s]” of the warnings listed in article 38.22, § 2.3 See TEX. CODE CRIM.
PROC. ANN. art. 38.22, § 3(e)(2); Cockrell v. State, 933 S.W.2d 73, 91 (Tex. Crim. App.
1996) (concluding, where waiver form stated “any statement I make may be used in
evidence against me at trail [sic],” that “[t]he warnings on the face of appellant’s
confession substantially comply” with article 38.22, § 2 even though “they do not state
appellant’s statement can be used against him at ‘trial’ or in ‘court’”). Nor does she claim
that she ever asked for an attorney or to stop the interview. Instead, Garcia principally
asserts that the evidence supports the trial court’s finding that Contreras employed “a
measure of deception” in responding to Garcia’s requests for clarification, and that this
finding in turn supports the judgment.
The fact that police made misrepresentations to a suspect during an interrogation
“is a relevant factor in assessing whether the suspect’s confession was voluntary, but it
is insufficient to render an otherwise voluntary confession inadmissible.” Green v. State,
934 S.W.2d 92, 99 (Tex. Crim. App. 1996) (citing Frazier v. Cupp, 394 U.S. 731, 739
(1969)); State v. Cielencki, 706 S.W.3d 634, 643 (Tex. App.—Austin 2025, pet. ref’d). The
misrepresentation must be viewed in the context of the totality of the circumstances.
Green, 934 S.W.2d at 99. “Some types of police deception employed during custodial
interrogation, designed to elicit a confession from the accused, are constitutionally
permissible.” Id.; see, e.g., Oursbourn v. State, 259 S.W.3d 159, 182 (Tex. Crim. App.
2008) (noting that “lying about the state of the evidence is not the sort of ‘overreaching’
that implicates the Due Process Clause, as long as the subterfuge used is not one likely
3 As noted, the trial court stated in its findings that the warning form “did not contain the required
warning that, ‘Any statement she makes may be used against her as evidence in court’” (emphasis added).
However, the court’s ruling was based on the involuntariness of the waiver, not on the insufficiency of the
written warnings.
13
to produce an untrue statement”). “The focus is on whether the behavior of the State’s
law enforcement officials was such as to overbear the will of the accused and bring about
a confession not freely determined.” Green, 934 S.W.2d at 99–100 (citing Rogers v.
Richmond, 365 U.S. 534, 544 (1961)).
Courts have held that a police misrepresentation does not render a statement
involuntary unless it is “calculated to produce an untruthful confession or was offensive
to due process.” See Rodriquez v. State, 934 S.W.2d 881, 890–91 (Tex. App.—Waco
1996, no pet.) (“The fact that the interrogating officers falsely stated to [appellant] that the
victim, on his deathbed, identified him as the assailant does not support a finding that the
confession was involuntarily given.”); Snow v. State, 721 S.W.2d 943, 946 (Tex. App.—
Houston [1st Dist.] 1986, no pet.) (“[V]oluntariness is not destroyed, and a confession
induced by deception or trickery is not inadmissible, unless the method used was
calculated to produce an untruthful confession or was offensive to due process.”); see
also Oursbourn, 259 S.W.3d at 182. For example, in Lynumn v. Illinois, 372 U.S. 528
(1963), the police told a suspect that she would lose her welfare benefits and custody of
her children if she did not confess. The United States Supreme Court considered this
misrepresentation improperly coercive because it did
more than affect the suspect’s belief regarding her actual guilt or innocence,
and judgments regarding the evidence connecting her to the crime. It also
distorted the suspect’s rational choice . . . by introducing a completely
extrinsic consideration: an empty but plausible threat to take away
something to which she and her children would otherwise be entitled. This
extrinsic consideration not only impaired free choice, but also cast doubt
upon the reliability of the resulting confession, for one can easily imagine
that a concerned parent, even if actually innocent, would confess and risk
prison to avoid losing custody of her children and their welfare benefits.
Holland v. McGinnis, 963 F.2d 1044, 1051–52 (7th Cir. 1992) (internal citations omitted);
see Lynumn, 372 U.S. at 534 (“We think it clear that a confession made under such
14
circumstances must be deemed not voluntary, but coerced.”). On the other hand, in
Holland, a police officer’s misrepresentation concerning the strength of the evidence
against the suspect did not render the suspect’s confession involuntary because it
interfered little, if at all, with his “free and deliberate choice” of whether to
confess, for it did not lead him to consider anything beyond his own beliefs
regarding his actual guilt or innocence, his moral sense of right and wrong,
and his judgment regarding the likelihood that the police had garnered
enough valid evidence linking him to the crime. In other words, the
deception did not interject the type of extrinsic considerations that would
overcome [the suspect’s] will by distorting an otherwise rational choice of
whether to confess or remain silent.
Holland, 963 F.2d at 1051 (citation omitted).
Even when viewed in the light most favorable to the trial court’s ruling, the evidence
does not support a finding that Contreras’s conduct was so coercive or deceptive as to
overbear Garcia’s will. The claim of coercion is based on Contreras’s responses to
Garcia’s two requests for clarification regarding (1) her right to appointed counsel, and
(2) the meaning of “waive your rights.” But Garcia unequivocally stated that she
understood the first two enumerated warnings—regarding her right to remain silent and
that anything she says may be used against her—before she asked for clarification. See
Moran, 475 U.S. at 422–23; Leza, 351 S.W.3d at 349–50.
In any event, we agree with the State that Contreras made no misrepresentations
to Garcia at any point during the interview. The officer read each of the warnings verbatim
as they appeared on the form. Contreras twice specifically advised Garcia that she had
the right to have counsel present “prior to and during” any questioning. After Garcia asked
Contreras to clarify her right to counsel, the officer confirmed that Garcia’s understanding
of that right—“they’ll give me a lawyer if I don’t have one”—was correct. He then explained
that a lawyer would only be appointed when she appeared before a judge, which is true.
15
He did not say or imply anything that would contradict or otherwise cast doubt on the
warnings he previously gave, which explicitly advised Garcia that she had the right to
have counsel present “prior to and during any questioning.” Specifically, there was
nothing in Contreras’s response from which it could be inferred that counsel would not be
appointed until after the interview. The trial court’s findings in this regard are therefore not
supported by the record. According to the video recording, Garcia never expressed any
uncertainty or concern as to the timing of the potential appointment, and she did not ask
for further clarification. Instead, she signed her initials next to each enumerated warning
indicating that she understood all of them.
Next, when Garcia asked what “waive my rights” means, Contreras responded
truthfully that it means “you want to talk to me.” In the context of the interview, Contreras’s
response could have had only one possible meaning—i.e., that “waive my rights” means
“you want to talk to me” notwithstanding those rights. Contreras then proceeded to explain
that, even if Garcia elected to waive her rights, she would still retain the right to terminate
the interview at any time. There is nothing about Contreras’s answer which could give
rise to any legitimate doubt or ambiguity regarding the meaning of “waive my rights.”
Again, Garcia did not express any confusion or uncertainty about Contreras’s answer but
rather immediately expressed her willingness to sign the form explicitly indicating that she
intended to waive the rights which had just been explained to her. And unlike the police
conduct in Lynumn, Contreras’s answers to Garcia’s requests for clarification did not
inject any extrinsic considerations which would distort Garcia’s otherwise rational choice
to waive her rights, or which would cast doubt upon the reliability of her subsequent
statements. See Lynumn, 372 U.S. at 534; Holland, 963 F.2d at 1051–52.
16
We note that evidence of police misconduct is not always necessary to establish
an involuntariness claim under article 38.22. When a complaint of involuntariness is made
under the Due Process Clause or Miranda, the statement may be excluded “only when
there is police overreaching.” Oursbourn, 259 S.W.3d at 169; see id. at 170 (noting that
“[t]he Due Process Clause is aimed at protecting suspects from police overreaching, not
at protecting people from themselves or other private actors,” and “[a]bsent police
misconduct causally related to the confession, there is ‘simply no basis for concluding
that any state actor has deprived a criminal defendant of due process of law’”); see also
Leza, 351 S.W.3d at 349 (“Before it may be said that a waiver of a Miranda right is
involuntary, . . . there must be some element of official intimidation, coercion, or
deception.”). In contrast, a statutory involuntariness claim can be, but need not be,
predicated on police overreaching; thus, analysis of such a claim could entail a “sweeping
inquir[y] into the state of mind of a criminal defendant who has confessed” to determine
whether he or she acted voluntarily. Oursbourn, 259 S.W.3d at 172. In Oursbourn, the
Texas Court of Criminal Appeals observed that statutory involuntariness claims have
been sustained in the following situations:
(1) the suspect was ill and on medication and that fact may have rendered
his confession involuntary; (2) the suspect was mentally retarded and may
not have knowingly, intelligently and voluntarily waived his rights; (3) the
suspect lacked the mental capacity to understand his rights; (4) the suspect
was intoxicated, and he did not know what he was signing and thought it
was an accident report; (5) the suspect was confronted by the brother-in-
law of his murder victim and beaten; (6) the suspect was returned to the
store he broke into for questioning by several persons armed with six-
shooters.
Id. at 172–73 (quotations and citations omitted).
The facts at bar do not rise to the level of those situations. Aside from Contreras’s
alleged “deception,” the only evidence of involuntariness in the record is Garcia’s
17
conclusory and self-serving testimony at the suppression hearing that she was “half
asleep” during the interview and “didn’t want to waive my rights.” However, the video
recording, which we have reviewed in its entirety, shows that Garcia answered
Contreras’s substantive questions clearly and willingly throughout the interview and did
not appear fatigued or otherwise physically or mentally unable to understand the
ramifications of her choice to do so without counsel present. See Linton v. State, 275
S.W.3d 493, 508 (Tex. Crim. App. 2009) (noting that, “in keeping with the notion that the
question on appeal is whether the defendant received due process rather than a perfect
translation,” “100% comprehension” is “not the constitutional requirement”). Moreover,
there is no evidence that Garcia was deprived of any necessities—including sleep—or
was interrogated for an inordinate amount time or otherwise subject to any pressures
beyond those inherent in any custodial interview.
The trial court is entitled to believe witness testimony as it sees fit, and we must
generally defer to its determinations in that regard. See Ochoa, 707 S.W.3d at 360;
Moore, 395 S.W.3d at 158. Here, however, the only issue before the trial court was the
voluntariness of Garcia’s written waiver, and the entire process leading up to that waiver
was captured on video. Thus, though the trial court emphasized in its findings that it found
Garcia’s in-court testimony credible and Conteras’s not credible, the case does not turn
on those credibility determinations. See State v. Terrazas, 4 S.W.3d 720, 726 n.5 (Tex.
Crim. App. 1999) (“An example where the resolution of the ultimate question of
voluntariness would turn on an implied fact finding involving an evaluation of credibility
and demeanor would be where a trial court grants a motion to suppress on conflicting
testimony that the police tortured a confession out of a suspect.”). Instead, the case turns
18
on an objective evaluation of the undisputed facts as demonstrated in the video recording.
See Carmouche, 10 S.W.3d at 332 (observing that “the nature of the evidence presented
in the videotape does not pivot ‘on an evaluation of credibility and demeanor’”); see also
Terrazas, 4 S.W.3d at 725–26 (finding, where officer told appellee “what had to be” in her
statement, that “since the ultimate resolution of the voluntariness question does not turn
on this implied fact finding, we may review de novo the . . . ruling on the voluntariness
question”).
Having reviewed all of the record evidence in the light most favorable to the trial
court’s ruling, we conclude that the State established, by a preponderance of the
evidence, that Garcia’s waiver of rights was made “knowingly, intelligently, and
voluntarily” under the totality of the circumstances. See Terrazas, 4 S.W.3d at 728 (finding
that officer telling appellee “what had to be” in her statement “did not constitute wringing
the statement out of appellee against her will” and therefore concluding that trial court
erred by suppressing confession as involuntary); Oliver, 29 S.W.3d at 193 (reaching the
same conclusion where appellee did not explicitly waive his rights but officer “read each
art[icle] 38.22 right to [appellee]”; appellee “indicated to [the officer] that he understood
[each] right”; and “without any hesitation, [appellee] proceeded to discuss the
circumstances surrounding the murder” with the officer). The trial court’s conclusion to
the contrary was error. We sustain the State’s issue on appeal.
III. CONCLUSION
The trial court’s judgment is reversed, and the cause is remanded with instructions
to deny Garcia’s motion to suppress and for further proceedings consistent with this
19
memorandum opinion.
YSMAEL D. FONSECA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
8th day of January, 2026.
20
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.