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California Court of Appeal


People v. Gutierrez, B227606

Defendant's conviction for first-degree murder and sentence of life imprisonment without possibility of parole is affirmed where: 1) based on the totality of the circumstances, it is clear that defendant knowingly and voluntarily waived his Miranda rights; 2) any error in admitting defendant's police station statement was harmless beyond a reasonable doubt; and 3) remanding for resentencing in light of Miller would be futile exercise, as the trial court was aware of its discretion and declined to impose a more lenient sentence.

Appellate Information

  • Decided 09/24/2012
  • Published 09/24/2012

Judges

  • Yegan

Court

  • California Court of Appeal

Counsel

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