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Click here for the full text of this decision FACTS:Armando Moran committed a murder in Austin and fled to Laredo. Moran provided two written statements to the Laredo police. Moran gave the statements after voluntarily accompanying two other people to the Laredo Police Department after learning that the police wanted to question them about the Austin murder. Moran provided the statements to a Laredo police detective in an interview room at a police station. The detective testified that when he initially met Moran in the police interview room and informed Moran that he was a suspect in the Austin murder, Moran told Guzman that he wanted to speak to an attorney. Guzman responded that Moran had that right and also that he had already spoken to several other people. Guzman then began to leave the room. As Guzman reached the door, Moran told Guzman that he would tell him what happened. Moran testified that he gave the statements intoxicated and also that the detective’s promised that “everything would go all right” if Moran confessed. Moran made no claim during the suppression hearing that the statements were the product of custodial interrogation after he had invoked his right to counsel. During its closing arguments to the trial court at the suppression hearing, the state claimed, among other things, that Moran was not under arrest and in custody when he made the statements. During his closing argument to the trial court at the suppression hearing, Moran briefly mentioned in one sentence the statements at issue in his later appeal and devoted the rest of his argument to other statements that he made to Austin detectives in the car trip from Laredo to Austin. Moran made no claim during his closing arguments to the trial court that the two statements resulted from custodial interrogation after he had invoked his right to counsel. The trial court denied Moran’s motion to suppress. HOLDING:The Court of Criminal Appeals (CCA) reversed the 3rd Court of Appeals and affirmed the judgment of the trial court. Moran, the court stated, claimed for the first time on direct appeal that his statements at the police station were the product of custodial interrogation after he had invoked his right to counsel. Without considering preservation of error, the 3rd Court decided that the trial court should have suppressed these statements, because the detective’s retort to Moran (after Moran had invoked his right to counsel) about having spoken to the other people was the functional equivalent of interrogation, which the detective should have known was reasonably likely to elicit incriminating responses from appellant. The CCA granted discretionary review. The CCA noted that Moran did not recall the detective making any remark about having interviewed other suspects, and that Moran testified that he re-initiated conversation with the detective because he thought that he would be “able to leave.” This record, the CCA stated, supported an implied finding that the detective’s reply to Moran did not affect Moran’s decision to re-initiate the conversation with the police. This record also supports findings that Moran did not preserve the issue in the trial court and was not in custody when he made the statements. OPINION:Hervey, J., delivered the opinion of the court in which Keller, P.J., and Meyers, Keasler, Holcomb and Cochran, J.J., joined. Womack, J., did not participate in the decision. CONCURRENCE:Johnson, J., concurred without an opinion. DISSENT:Price, J., dissented without an opinion.

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