Sultana

People v. Sultana

Good Law
1988 Cal. App. LEXIS 856·204 Cal. App. 3d 511·251 Cal. Rptr. 115
Court of Appeal of CaliforniaAugust 11, 1988H002097California3,804 words

Opinion

Opinion

Capaccioli, J.

Geraldo Angelo Sultana appeals from a judgment of conviction for voluntary manslaughter (Pen. Code, § 192, subd. (a)) of Simon Phillips following a court trial. The victim, a drug dealer, ultimately died of blows to his head. We affirm.

I

Motion to Suppress Incriminating Statements

On September 27, 1985, Sultana unsuccessfully moved to suppress statements he made in jail during an April 17, 1985, interview with Officer Upton. At the time of the interview, a criminal complaint charging Sultana with murder (Pen. Code, § 187) had been filed and a preliminary examination hearing had been held, at which Sultana had been ordered to appear for further proceedings in superior court on April 23, 1985. In the most damaging of his statements, Sultana conceded that the victim’s blood was on his clothing.

At the hearing held on the motion, the transcript of the interview, which had been taped, was received into evidence by stipulation of the parties. The transcript showed that Officer Upton commenced the April 17 exchange by confirming that Sultana had completed the inmate request form requesting to speak with him, still wished to speak with him, and was initiating their…

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