ERICKSON, Justice.
We granted certiorari to review the court of appeals' order that the defendant, Alexander W. Shoffner, be granted a new trial because of the failure of the district court to conduct a proper hearing to determine the voluntariness of a statement made by the defendant to a police officer. The court of appeals relied on People v. Salazar, Colo.App., 610 P.2d 1354 (1980), to support their order for a new trial. We reverse and remand to the court of appeals with directions to affirm the defendant's conviction. We also overrule the remand in People v. Salazar, supra, as being contrary to People v. Salvador, 189 Colo. 181, 539 P.2d 1273
Jackson v. Denno, supra, requires that an in camera hearing be held to determine whether a defendant's confession is voluntary before it is considered by the jury and in the interest of judicial economy established the following procedure:
In nearly identical language, we stated in People v. Salvador, supra:
The district court in this case held a hearing on the defendant's motion to suppress the statement which he made to the police. The court suppressed the statement and foreclosed its use in the presentation of the prosecution's case because a proper Miranda warning was not given to the defendant. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The defendant also asserted in his motion to suppress that the statement which he had made was involuntary. Evidence was taken at the suppression hearing on all issues raised by the defendant. At trial, before the defendant testified, the court, at the instance of defense counsel, reviewed the testimony taken at the suppression hearing and made a specific finding that the statement was voluntary or trustworthy and could be used by the prosecution for impeachment purposes. Harris v. New York, 401 U.S. 222, 91 S.Ct. 643, 28 L.Ed.2d 1 (1971).
The defendant was convicted of sexual assault and attempted aggravated robbery. The defendant, according to the testimony, entered the Intimate Massage Parlor, produced a knife, and ordered the hostesses to give him the massage parlor's money. When the defendant discovered that the cash box was empty, he forced the two hostesses to disrobe and perform fellatio on him by threatening them with a knife. He then left the massage parlor and was arrested in his automobile shortly thereafter. At the time of his arrest, he told the police that he had been at the Crossroads Shopping Center checking out some T.V. simulation games at J. C. Penneys.
On direct examination, the defendant acknowledged that he had made the statement to the police, and said that he had lied to keep the police from shooting him for abusing one of the hostesses. He admitted that he had been at the Intimate Massage Parlor, but denied any attempt to rob the hostesses. He claimed that a hostess performed fellatio on him for $40 and then demanded additional money. He said that he kicked the hostess when she asked for more money and threatened to call his wife and tell her about his activities at the massage parlor. The defendant's theory of the case was rejected by the jury and no good purpose would be served by granting the defendant another trial. The defendant's right to testify does not include a license to commit perjury. The defendant's statement met the standards for trustworthiness set forth in Harris v. New York, supra, and was properly used by the prosecution for impeachment purposes. See Jenkins v. Anderson, 447 U.S. 231, 100 S.Ct. 2124, 65 L.Ed.2d 86 (1980); Anderson v. Charles, 447 U.S. 404, 100 S.Ct. 2180, 65 L.Ed.2d 222 (1980).
Accordingly, we reverse the court of appeals and remand this case to the court of appeals with directions to affirm the defendant's conviction.
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