In Re Anthony J.

Botka v. Anthony J.

Caution
107 Cal. App. 3d 962·166 Cal. Rptr. 238·1980 Cal. App. LEXIS 2018
Court of Appeal of CaliforniaJuly 8, 1980Civ. 46757California4,373 words

Opinion

Opinion

Taylor, J.

Defendant, Anthony J., a 15-year-old minor, appeals from a judgment after our remand on the prior appeal (In re Anthony J. (1978) 86 Cal.App.3d 164 [ 150 Cal.Rptr. 183 ]), contending that: 1) the confession was made in response to improper police inducement after he was advised that the juvenile court would be told he had been cooperative; 2) his state of mind precluded any intelligent waiver of his Miranda rights; and 3) the deliberate omission of the police to inform his parents that he was also suspected of two murders and several robberies rendered his confession involuntary under People v. Lara (1967) 67 Cal.2d 365 [ 62 Cal.Rptr. 586 , 432 P.2d 202 ]. For the reasons set forth below, we have concluded that the judgment must be affirmed.

Our prior remand was based on People v. Jimenez (1978) 21 Cal.3d 595 [ 147 Cal.Rptr. 172 , 580 P.2d 672 ], which was decided during the pendency of the prior appeal and expressly made retroactive. We concluded that the record then before us was too ambiguous to permit us to make a determination as to the voluntariness or involuntariness of the minor’s confession under the reasonable doubt standard mandated by Jimenez. We remanded for…

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