Stone v. State

The defendant's right to counsel attached at his initial appearance, when he appeared with a public defender before a magistrate.

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Following a jury trial, Raymond Stone appeals his conviction of family violence aggravated assault,1 terroristic threats,2 family violence simple battery,3 and obstruction of a 911 call.4 Stone challenges the denial of his motion for new trial, arguing that the trial court erroneously admitted statements he made during a custodial interview initiated by an investigator after Stone’s initial appearance before a magistrate. Because Stone’s Sixth Amendment right to counsel had attached at the initial appearance, and because Stone did not initiate the custodial interview, we must reverse. Because the evidence sufficed to support the conviction, the case may be retried.5 “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to support the verdict, and the defendant no longer enjoys a presumption of innocence; moreover, an appellate court . . . does not weigh the evidence or determine witness credibility.”6 So viewed, the evidence shows that during an argument with his live-in girlfriend, Stone dragged her off the couch by her hair and threw a table at her. The girlfriend soon fled the residence on foot, calling 911 on her cell phone, while Stone pursued in his truck. As the girlfriend requested help from the 911 operator, Stone reached her, held a knife to her, and threatened to kill her as another vehicle approached. When the vehicle neared, Stone fled in his truck. The girlfriend was picked up by the passing motorist, who took her to a gas station where a sheriff’s deputy met her.

Stone was charged with and found guilty of family violence aggravated assault, terroristic threats, family violence simple battery, and obstruction of a 911 call.7 Following the denial of his motion for new trial, Stone filed this appeal.

Stone v. State

The defendant's right to counsel attached at his initial appearance, when he appeared with a public defender before a magistrate.

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