Gardner

Larry A. Gardner appeals from his conviction of first degree murder. Among other arguments, he contends that it was error for the trial court to admit into evidence a confession contained in a letter which he wrote to his attorneys. For the reasons set forth below, we conclude that admission of the confession violated the attorney-client privilege protected by Evidence Code sections 950-954, and that, under applicable precedent the error must be regarded as prejudicial. Without reaching appellant’s other arguments, therefore, we reverse the conviction subject, of course, to the right of the People to seek a valid conviction at a new trial.

At about 6 p.m. on September 20, 1977, Sing Quon Lum, age 73, was found dead in his apartment at 33 California Street in Salinas, California. His body was on the bed, his head was bloody, his mouth was gagged, and his hands were bound behind his back. Two days later, on September 22, 1977, Detective Andrew Enni of the Salinas Police Department, one of the officers who assisted in the collection of evidence at the scene of the crime, went to Gardner’s apartment for investigation of alleged drug activity. While there, he noticed certain…