COURT OF APPEALS DECISION DATED AND RELEASED MAY 7, 1996 |
NOTICE |
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
Nos. 95-2979-CR
95-2980-CR
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
STATE OF WISCONSIN,
Plaintiff-Respondent,
v.
ROBERT GAGNER, JR.,
Defendant-Appellant.
APPEALS from judgments
of the circuit court for Barron County:
EDWARD R. BRUNNER, Judge. Affirmed.
Before Cane, P.J.,
LaRocque and Myse, JJ.
PER
CURIAM. Robert Gagner appeals his conviction for felony theft
and misdemeanor battery, having pleaded guilty to the charges. He argues that the trial court wrongfully
refused to suppress inculpatory statements he gave police after he invoked his
right to counsel. The police had given
him Miranda warnings forty-five minutes to an hour before he
invoked his right to counsel. When
Gagner invoked his right to counsel, the police ceased their questioning and
unsuccessfully attempted to contact counsel on Gagner's behalf. Shortly thereafter, Gagner resumed his
discussions on his own without counsel.
After the police reminded him that he had a right to have counsel
present, Gagner confessed. Gagner
argues that the police had an obligation to reread him his Miranda
rights once he resumed his discussions with the police. We reject this argument and therefore affirm
his conviction.
The police had no
obligation to give Gagner new Miranda warnings one hour after the
original warnings. Rather, once Gagner
independently reopened discussions, the police could question him without
counsel as long as he voluntarily and intelligently submitted to the
questioning. See Oregon v.
Bradshaw, 462 U.S. 1039, 1044-47 (1983); Edwards v. Arizona,
451 U.S. 477, 482 (1981); State v. Kramar, 149 Wis.2d 767,
790-91, 440 N.W.2d 317, 326-27 (1989); State v. Turner, 136
Wis.2d 333, 347, 401 N.W.2d 827, 834 (1987).
Gagner's actions, including his initial decision to invoke his right to
counsel, demonstrated that he had a sufficient understanding of his rights to
later waive counsel's presence. His
waiver was also voluntary. Ordinarily,
involuntariness requires some element of police coercion. See State v. Clappes,
136 Wis.2d 222, 238-40, 401 N.W.2d 759, 766-67 (1987). Gagner has provided no evidence that the
police employed any degree of coercion when he resumed his discussions. Instead, they reminded him of his right to
counsel. As a result, the trial court
correctly refused to suppress the statement Gagner gave the police.
By the Court.—Judgments
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.