California Court of Appeal

Sentence and conviction of second degree murder, Pen. Code section 187(a), with true finding that defendant personally used a deadly and dangerous weapon, section 12022(b)(1), are vacated where: 1) police subjected defendant to custodial interrogation in violation of Miranda when they questioned him for several hours at the police station; 2) the courthouse statements defendant made to the police four days later should have been suppressed as the product of such violation; and 3) these errors were not harmless.

Appellate Information

• Decided 07/14/2015
• Published 07/14/2015

Judges

• BENKE

Court

• California Court of Appeal

Counsel