State v. Avila-Nava

Defendant, who was convicted of first-degree burglary, ORS 164.225; first-degree robbery, ORS 164.415; first-degree kidnapping, ORS 163.235; unlawful use of a weapon, ORS 166.220; and unauthorized use of a motor vehicle, ORS 164.135, appeals, challenging all of his convictions. He assigns error solely to the trial court’s admission of statements that he contends were unlawfully elicited after he had invoked the right to remain silent. The state remonstrates that defendant’s invocation was equivocal. The state argues, in the alternative, that, even if defendant’s statement constituted an…