2007 Unpublished Court of Appeals Opinions Index |
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Tellez v Com, 2006-ca-000793
-- Not To Be Published;
Affirming --
PDF Thompson v Com, 2005-CA-001586
-- Not To Be Published;
Affirming --
PDF Tyler v Com, 2006-CA-001571
-- Not To Be Published;
Affirming --
PDF
Marco Tellez appeals his conviction for criminal attempt to commit
sexual abuse in the first degree, under a conditional plea sentencing him to twelve months
to be probated for two years.1 Tellez’s conditional plea reserved the right to appeal the
Fayette Circuit Court’s denial of his motion to suppress his incriminating statements on
the grounds that Tellez was not Mirandized in Spanish. We agree with the trial court that Tellez speaks and understands English sufficiently to understand the Miranda rights that
were given to him and that he intelligently and voluntarily waived those rights before
making any incriminating statements. Therefore, we affirm.
Zachary Thompson was convicted after a bench trial of one
count of first-degree sexual assault and one count of second-degree sexual assault
stemming from admitted sexual activity with his first cousin who was thirteen years of
age at the time. He argues in this appeal that the trial court erred: 1) in failing to conduct
a Boykin hearing concerning admissions made in his counsel’s post-trial memorandum;
2) in refusing his post-judgment request for findings of fact regarding the verdict; 3) in failing to grant a directed verdict of acquittal on the basis of insufficient evidence; and 4)
in admitting taped interviews of the victim, her brother and himself with a state police
officer. We find no reversible error in any of these contentions and affirm.
Charles W. Tyler, pro se, appeals the denial of his motion for
an independent action pursuant to CR 60.03. We affirm.
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