PEOPLE of the TERRITORY OF GUAM, Plaintiff-Appellee, v. Edward R.C. DELA PENA, Defendant-Appellant

Edward R.C. Dela Pena appeals his convictions for aggravated murder, robbery, and possession and use of a deadly weapon in the commission of a felony. He contends his convictions should be reversed because his confession to the police during custodial questioning was admitted at trial in violation of Miranda v. Arizona) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Dela Pena was not in custody when he was questioned initially by the police. During this interview, he was advised of his Miranda rights and waived them. About fifteen hours later, following a break of several hours during which his house was searched and he was afforded an opportunity to rest, the questioning resumed. By this time, Dela Pena was in custody. The police reminded him of the earlier Miranda warnings, and during the resumed questioning Dela Pena confessed.

The Superior Court of Guam denied Dela Pena’s motion to suppress his confession, and the Appellate Division of the District Court of Guam affirmed.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. We hold Dela Pena’s confession was not rendered inadmissible by reason of the officers’ failure to repeat their earlier Miranda…