State v. Spearman
State v. Spearman
Opinion of the Court
Peter Spearman, a juvenile at the time, appeals from his conviction of burglary in the second degree, contending that his advisement of rights was misleading, such that he could not make a knowing and voluntary waiver of his right to remain silent. We affirm.
In the early morning hours of May 10, 1988, Peter Spearman and a number of other youths went to Faith Tabernacle Church. Spearman threw a rock through a church window, and he and Brandon Nahmais entered the church. From a "store" in the church, Nahmais took two bags of candy, and Spearman took candy and beef jerky. Neither had permission to enter the church.
Spearman was charged with burglary in the second degree. After being arrested and advised of his constitutional rights, Spearman made oral and written statements incriminating himself. At the combined CrR 3.5 and fact-finding hearing, the court ruled that the statements were made knowingly and voluntarily. The court also heard testimony from Nahmais and from another youth that Spear-man had broken the window, entered the church, and removed the candy and beef jerky. The court found that Spearman was guilty as charged.
Spearman argues that the following part of the advisement of rights form was misleading and prevented him from knowingly and voluntarily waiving his right not to incriminate himself:
*324 Anything that I say or sign can be used against me in a court of law. I understand that if I am a juvenile, anything that I say or sign can be used against me in a criminal prosecution in the event that Juvenile Court declines jurisdiction in my case.
Affirmed.
Coleman, C.J., and Webster, J., concur.
Reconsideration denied September 17, 1990.
Review denied at 115 Wn.2d 1032 (1990).
State v. Robtoy, 98 Wn.2d 30, 35-36, 653 P.2d 284 (1982); State v. Jones, 95 Wn.2d 616, 625, 628 P.2d 472 (1981).
State v. Trader, 54 Wn. App. 479, 484-86, 774 P.2d 522, review denied, 113 Wn.2d 1027 (1989).
State v. Scott, 110 Wn.2d 682, 688, 757 P.2d 492 (1988).
101 Wn.2d 664, 677, 683 P.2d 571 (1984).
Reference
- Full Case Name
- The State of Washington v. Peter Eugene Spearman
- Cited By
- 4 cases
- Status
- Published