Following a bench trial on stipulated facts, the trial court found Keith Johnson guilty of burglary. In his sole enumeration of error on appeal, Johnson contends that the trial court erred in admitting his custodial statement because it was made after he invoked his right to counsel. Finding no error, we affirm. Before trial, Johnson moved to exclude his in-custody statement to police. After reviewing a DVD of the in-custody statement, the trial court denied the motion.1 The parties stipulated at trial that Johnson entered the victim’s home without authority. Thus, the issue before the trial court was whether Johnson had the intent to commit a theft when he entered the home. To prove his intent, the State relied solely on Johnson’s custodial statement to police.
Our review of the DVD recording of Johnson’s custodial statement shows the following exchange after an officer read Johnson his Miranda 2 rights and a waiver of those rights from a printed document:Officer 1: At this time do you wish to speak to usJohnson: Yeah, but, uh, I need, I need some kind of way to get in touch with my family . . . unintelligible so they can know that I do need a lawyer. We got a family lawyer, but I’m gonna let them know that . . . that’s the only thing I can do. We’ve got a family lawyer, but I need to get in touch with him and let them know that I’m in trouble. Or we can wait until after this is done. That’s all I can do. Officer 1: Do you want to talk to us without a lawyer here Or do you want us to contact your lawyerJohnson: I’m gonna need to be able to get in touch with him some kind of way. Officer 1: Well, you can call him. Once you get, you know one way or the . . . Johnson:I mean, I can talk to him. That ain’t no problem. But I need to be able to get in touch with him. I mean, uh, get in — my family knows that number. I mean, just have to call my family collect. That’s the only thing I can do, is call my family collect. Officer 1: I mean, you give me a number, I can call your family and tell them that you’re in trouble and you need them to —whatever you want me to tell them.Johnson: O.K. Officer 2: Bottom line, Keith, is —is that right now we just need a yes or no answer. Are you willing to talk to us without a lawyerJohnson: Yeah. Yeah. Yeah. Johnson then signed the waiver of his Miranda rights and gave a statement.
