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People v. Bichara, 270653

In a criminal prosecution concerning the impact of defendant's recorded confession to murder on his convictions for murder and kidnapping, in which defendant initially waived his right to remain silent under Miranda, but invoked the right prior to confessing to the murder, the judgment is: 1) reversed as to the murder conviction where defense counsel's failure to specifically and timely object at trial resulted in a prejudicial denial of effective assistance of counsel; and 2) affirmed as to the kidnapping conviction where defendant was not prejudiced with respect to the kidnapping conviction because evidence of that offense consisted of the victim's testimony, surveillance video capturing the crime, and corroborating testimony from two independent witnesses.

Appellate Information

  • Decided
  • Published 2017/01/30




  • California Court of Appeal


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