State v. Morato

[¶ 1.] The defendant, Pedro Morato, appeals his convictions on three counts of aggravated assault, contending that the circuit court erred in admitting his incriminating statements and in not suppressing a jack handle taken from his vehicle without a search warrant. We affirm these rulings, but reverse and remand for resen-tencing, as only one offense was committed, not three.

A

[¶ 2.] At 4:00 a.m. on April 17, 1999, Officer Bradley Deaver of the Brookings Police Department was dispatched to the local emergency room. Taylor Roberts was being treated there for what appeared to be a severe…