United States of America, and v. Ascencion Vasquez-Lopez, And

Decision

Here at the time of arrest for illegal possession of marijuana some warning of constitutional rights was given the defendant. An agent testified first on direct examination as to the warning. The warning seems to substantially comply with the requirements of Miranda v. State of Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L.Ed.2d 694 .

But on cross examination, the agent (who had given the warning in Spanish) was asked to state what were the Spanish words used. He did so on the stand. These words, when translated, seem to lack the element of a right to an attorney “now” before speaking. We are not at all sure that the agent gave a complete answer. The point which concerns us could have been cleared up on redirect examination, but we must take the record as we find it. Under the circumstances, we believe that the defendant, if he wants it, is entitled to a new trial.

Defendant also has a good point about remarks made in the trial court by the trial judge wherein he said those who stood jury trial were subjected to heavier penalties. Defendant got a jury trial. He has served his sentence. The remark was wrong, but we do not believe it requires reversal on the peculiar…