STATE v. LUEVANO

Citations

• 2026 OK CR 3

Syllabus

¶1 The State of Oklahoma charged Appellee, Sergio Luevano, by amended Information in the District Court of Tulsa County, Case No. CF--2022--3090, with Assault and Battery With a Dangerous Weapon, in violation of 21 O.S.2021, § 645 . 1 Luevano was bound over on this charge at preliminary hearing. The District Court thereafter held a pretrial Jackson-Denno hearing to determine the voluntariness of Luevano's statement to police in this case. 2 At the conclusion of the hearing, which included testimony from the interviewing officer, Giovanni De La Paz of the Tulsa Police Department, and Pilar Post, a certified courtroom Spanish translator, the Honorable Michelle Keely, District Judge, ruled that Luevano's statement to the police must be suppressed. Specifically, the district court found that Officer De La Paz's Spanish translation of the Miranda 3 warnings to Luevano was defective, failed to convey the substance of his rights, and under the totality of the circumstances presented resulted in an invalid waiver.