Powell

Following the denial of defendant’s in limine motion to suppress his confession, he submitted the issue of guilt on the transcript of the preliminary examination. He was found guilty of two counts of burglary and sentenced to state prison.

On appeal defendant contends the motion to suppress his confession was erroneously denied inasmuch as (1) sheriff’s officers continued to question him after he asserted his right to counsel, (2) the questioning was intended to elicit his confession, and (3) his waiver of Miranda rights was invalid because the officers ignored his prior request to speak with an attorney. For the reasons which follow, we have determined defendant’s contentions are without merit.

Defendant burglarized the Pine Grove Market on May 23 and again during the early morning hours of May 25, 1984. On the second occasion, a citizen observed defendant fleeing in a vehicle and notified the sheriff. A sheriff’s deputy stopped defendant’s vehicle shortly thereafter and arrested him.

At the time of the arrest defendant informed Officer Comden that his name was David Atteberry. Comden found on the defendant a booking slip from the Las Vegas, Nevada, Police Department…