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Ervin v. State

In seven issues, appellant challenges the legal and factual sufficiency of the evidence to sustain the conviction and the trial court's admission of her three statements to the police, which she claims were made in violation of the U.S. Supreme Court's 1966 decision Miranda v. Arizona. Houston's 1st Court of Appeals concluded: The evidence is legally and factually sufficient; the trial court properly admitted the first two statements because statutory warnings were not required for appellant, who was not in custody; and the court properly admitted the third statement that was made following waiver of Miranda warnings because the evidence fails to show that the officers deliberately employed a two-step interrogation technique to circumvent Miranda. Houston's 1st Court of Appeals, No. 01-08-00121-CR, 08-16-2010

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OPINION

Appellant, Ashley Ervin, appeals from a judgment convicting her for the capital murder of Brady Davis. See TEX. PENAL CODE ANN.§ 19.03(a)(2) (Vernon Supp. 2009). Appellant pleaded not guilty to the jury. The jury found her guilty, and, because the State did not seek the death penalty, punishment was automatically assessed at life imprisonment without parole. See id. § 19.02(b)(1) (Vernon 2003), § 19.03(a)(2) (Vernon Supp. 2009). In seven issues, appellant challenges the legal and factual sufficiency of the evidence to sustain the conviction and the trial court’s admission of her three statements made to the police, which she claims were made in violation of Miranda v. Arizona, 384 U.S. 436, 478-79, 86 S.Ct. 1602, 1630 (1966). We conclude that the evidence is legally and factually sufficient; that the trial court properly admitted the first two statements because statutory warnings were not required for appellant, who was not in custody; and that the court properly admitted the third statement that was made following waiver of Miranda warnings because the evidence fails to show that the officers deliberately employed a two-step interrogation technique to circumvent Miranda. We affirm.

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