Maestas

Introduction

Defendant and appellant Donald Joseph Maestas appeals from the judgment entered following a court trial in which he was found guilty of second degree murder (Pen. Code, § 187). Appellant was sentenced to 15 years to life and ordered housed in the Youth Authority until the appropriate age, and then transferred to state prison to complete his sentence. The court imposed a $3,000 restitution fine pursuant to Penal Code section 1203.04. Appellant contends: “I. The prosecution’s use of appellant’s coerced and involuntary statements to the police requires reversal of his conviction. ... II. The continuation of the interrogations, despite appellant’s and his mother’s requests to speak with each other, violated appellant’s right against self-incrimination and requires reversal of the resulting conviction. III. The restitution fine was improperly imposed and must be stricken.” We affirm the conviction and strike the restitution fine.

Factual and Procedural Background

At 1 a.m. on January 28, 1983, Ricardo and Virginia Sanchez were awakened by loud knocks on the door of the bedroom where they and their three children lay sleeping. The door was broken by the blows,…