Parker

In this appeal from a conviction of first degree murder, appellant contends that: (1) a confession received in evidence was obtained in violation of his right to remain silent and his right to counsel; (2) evidence introduced at trial was the product of an illegal search and seizure; (3) the court committed reversible error by failing to order a present sanity hearing; and (4) appellant was not represented by competent trial counsel. We conclude that the confession was obtained in violation of the rules of Miranda as amplified in People v. Fioritto, 68 Cal.2d 714, 719 [ 68 Cal.Rptr. 817 , 441 P.2d 625 ], Therefore, the judgment of conviction is reversed.

Facts

Eyewitness testimony, circumstantial evidence, an admission of appel lant to an acquaintance, and appellant’s confession establish the following facts.

Appellant purchased an I.D. card and birth certificate from one John Joseph Walsh and assumed that identity. He then secured employment from Lynch Security which placed him at the Bank of California. Appellant planned a robbery of the bank and secured the help of three other individuals to carry out the plan. The scheme envisioned that the four conspirators would…