State v. Best

HAIRE, Judge.

The sole contention raised by appellant on this appeal from a first degree burglary conviction concerns the admissibility of an “inculpatory remark” he made while in police custody minutes after having indicated his decision not to answer any questions.

Appellant was arrested on suspicion of having burglarized the Franklin Elementary School in Phoenix. While en route to the police station, the arresting officer gave appellant the type of warning required in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, (1966), and appellant indicated a decision not to answer any…