Alvarez v. State

Mark Alvarez appeals his conviction of one count of second-degree murder and one count of second-degree arson. Alvarez contends that he is entitled to a new trial because the trial court fundamentally erred in misreading the jury instruction on second-degree murder in a manner that relieved the State of having to prove an essential, disputed element; in denying the motion to suppress Appellant's oral and written statements to law-enforcement officers allegedly made in violation of Appellant's constitutional right to remain silent and right to counsel; and in refusing to give a requested special jury instruction directing the jury on how to evaluate the testimony of in-custody witnesses. We affirm the judgment and sentence. The State's information charged Alvarez with the August 5, 2001, second-degree murder of Crisie Mejias and August 6, 2001, second-degree arson upon a Ford Escort automobile belonging to the victim's parents. A grand jury returned an indictment charging the first-degree murder of Miss Mejias and second-degree arson of the automobile, superseding the information. The initial jury trial ended in a mistrial. In the second trial, the State prosecuted the first count on alternative theories of premeditated murder and felony murder (based on the commission or attempted commission of sexual battery upon the victim). The defense admitted that Alvarez had engaged in consensual, albeit ""rough,"" sexual intercourse with the victim and had set afire the automobile (under a principal theory). The jury found Alvarez guilty of the lesser-included offense of second-degree murder on the first count and guilty of arson, as charged, on the second count. The trial court classified Alvarez as a habitual felony offender and sentenced him to life and to 30 years' incarceration, respectively, on the two counts.