Ledesma

People v. Ledesma

Good Law
1988 Cal. App. LEXIS 859·204 Cal. App. 3d 682·251 Cal. Rptr. 417
Court of Appeal of CaliforniaSeptember 15, 1988B023407California5,918 words

Opinion

Opinion

George, J.

Appellant was convicted, following a jury trial, of second degree murder (Pen. Code, §§ 187, 189), and the allegation he had used a knife in the commission of the offense was found to be true. (§ 12022, subd. (b).) He was sentenced to state prison for the term prescribed by law (15 years to life) plus an additional year for the use of the knife.

Following a split decision of this court reversing appellant’s conviction, the Supreme Court granted review and transferred the case to us “for reconsideration in light of People v. May (1988) 44 Cal.3d 309 [ 243 Cal.Rptr. 369 , 748 P.2d 307 ].”

Appellant challenges his conviction on the following grounds: (1) his constitutional rights were violated by the admission in evidence of a statement which he made to detectives who interrogated him at the police station while his attorney was attempting to obtain access to him; (2) inaccurate translation of the conversation between appellant and one of the interrogating detectives rendered the tape-recorded conversation inadmissible; (3) the trial court erred in not granting immunity to codefendant Moran, despite the absence of a request therefor by the prosecution; (4) the trial court…

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