State v. Culbertson

SHEPARD, Justice.

This is an appeal by the State from an order of the district court suppressing evidence of a confession by defendant Culbertson on the basis that the State failed to prove defendant’s waiver of his right not to incriminate himself and defendant’s waiver of his right to have an attorney present. *129We reverse and remand for an additional hearing and findings of fact.

Culbertson was incarcerated in the Payette County Jail following an assault conviction and was allowed to participate in a work release program. On the morning of December 16, 1981, at 6:30 a.m., he left the jail in…