defendant’s custodial statement that that a piece of paper later found 7 to contain heroin was his “personal stuff,” made without Miranda warnings, was not admissible under subsection 3(c) because it was a mere admission of guilt and was not “found to be true”
How later courts described this case
- defendant’s custodial statement that that a piece of paper later found 7 to contain heroin was his “personal stuff,” made without Miranda warnings, was not admissible under subsection 3(c) because it was a mere admission of guilt and was not “found to be true”
- defendant nodded toward dresser where drugs were later located
- Miranda warnings preceded questioning but statement did not come within § 3(c) exception to article 38.22
Written by the judges who cited it.
The opinion
WHITE, Judge,
concurring.
Though I concur in the majority’s decision to reverse the conviction in the instant case, I strongly disagree to the majority’s reliance upon Smith v. State, 514 S.W.2d 749 (Tex.Cr.App.1974), in an effort to retreat from this Court’s decision in Port v. State, 791 S.W.2d 103 (Tex.Cr.App.1990). In the conclusion of its opinion, the majority states:
“Under the reasoning in Smith and contrary to the view espoused in the opinion below (unlike the statements in Port), we believe appellant’s statements did not lead to the discovery of evidence which later verified it; thus, the statement did not conduce to establish his guilt.”
By virtue of this oblique reference to the opinion in Smith v. State, the majority has written back into the law of TEX.CODE CRIM.PROC.ANN. Art. 38.22 the requirement that for an oral statement to be admissible, it must itself lead to the discovery of evidence which is conducive to establishing the guilt of the accused. I will not join with the majority in this attempt to undo this Court’s decision in Port
In Port , this Court wrote:
“Article 38.22, § 3(c) provides that a properly warned oral statement resulting from custodial interrogation is admissible if it:
... contains assertions of fact or circumstances that are found to be true and which conduce to establish the guilt of the accused, such as the finding of secreted or stolen property or the instrument with which he states the offense was committed. (Emphasis added).
This Court stated in Briddle v. State, 742 S.W.2d 379 (Tex.Cr.App.1987), that the examples given in the above statute are for illustrative purposes only and do not act as a limitation on oral statements which conduce to establish an appellant’s guilt and are shown to be true. See also, Valtiero v. State, 153 Tex.Crim. 260 , 219 S.W.2d 73 (Tex.Cr.App.1949). While some case law indicates that the oral confession or statement must lead to the recovery of items or information before the oral confession or statement is admissible, the statute plainly requires only that the statement assert “facts or circumstances that are found to be true and which conduce to establish the guilt of the accused.” The statute places no limitation upon the manner in which the facts asserted are found to be true. Briddle, 742 S.W.2d, at 388 . After Brid-dle, it is well established that oral statements made by an accused need not lead to or result in the discovery of incriminating evidence as long as the requirements of the statutes are met.”
Port v. State, 791 S.W.2d, at 106 . This Court went on to hold that the defendant’s oral statements were admissible under the requirements of Art. 38.22 § 3(c). Port v. State, at 108.
In the instant case, this Court’s decision should rest solely upon whether the oral statement of appellant to the police were “found to contain true assertions of facts or circumstances which conduced to establish appellant's guilt.” Port v. State, supra. There is no limitation that there be a connection between the oral statement made and the manner in which it was found to be true. Port v. State, supra; and Briddle v. State, 742 S.W.2d, at 388 .
I refuse to join the majority’s attempt to create a requirement that there be such a limitation. With that understanding, I concur in the judgment of the majority.
CAMPBELL, J., joins this concurrence.