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State v. Zamora

Court of Appeals of Idaho

August 4, 2016

STATE OF IDAHO, Plaintiff-Respondent,
v.
CARLOS ORLANDO ZAMORA, Defendant-Appellant.

         2016 Opinion No. 53

         Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge.

         Judgment of conviction, affirmed; order denying motion to suppress, affirmed.

          Eric D. Fredericksen, Interim State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

          GUTIERREZ, Judge

         Carlos Orlando Zamora appeals from judgments of conviction on three felonies and four misdemeanors entered after his conditional guilty pleas. He challenges the district court's denial of his motion to suppress evidence. For the reasons set forth below, we affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         After a domestic disturbance at a motel, Zamora was arrested and charged for conduct stemming from that dispute. The court entered a no-contact order against Zamora. Pursuant to this arrest, officers searched the motel and found various items of contraband. Zamora was also charged for those offenses.

         While in custody for these charges, Zamora allegedly made phone calls to the victim named in the no-contact order. An investigator met with Zamora to question him about the phone calls. Prior to questioning, the investigator advised Zamora of his Miranda[1] rights in the following exchange:

Investigator: So like I do follow-up and do whatever; a bunch of random things they need done. So, since you're in custody, and obviously you can't just get up and leave, I have to read you your Miranda rights before I talk to you. So, I'm gonna do that first. You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to talk with a lawyer and have them present while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before questioning. Do you understand each of these rights as I have explained to you?
Zamora: Uh huh.
Investigator: Okay. So, obviously you don't know what I'm going to ask you yet, so, at any point in time you don't want to talk to me or if you don't want to answer any questions I'm going to ask you, you can just say "no, " or you know, "I want to leave, " or "I'm done, " or whatever.
Zamora: Okay.

         Zamora proceeded to answer the investigator's questions, admitting to hitting the victim and having contact with her while in custody. Zamora allegedly contacted the victim several other times while in custody and was charged for each of those violations of the no-contact order. The State moved to ...


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