In Re Shawn D.

People v. Shawn D.

Good Law
1993 Cal. App. LEXIS 1163·20 Cal. App. 4th 200·24 Cal. Rptr. 2d 395·93 Daily Journal DAR 14807·93 Cal. Daily Op. Serv. 8803
Court of Appeal of CaliforniaNovember 19, 1993H010395California6,273 words

Opinion

Opinion

Elia, J.

Shawn D. was found to have committed burglary. (Pen. Code, §§ 459/460, subd. (a).) He was remanded to the California Youth Authority (CYA) for a maximum period of six years. On appeal, he argues that his confession should have been suppressed because it was involuntary. For reasons we shall explain, we agree. The judgment is reversed.

Facts and Procedural Background

Henry Han lived at 680 Ann Place in Milpitas. On August 3, 1992, Han heard knocking at his front door. He went upstairs instead of answering the knock. When he walked back downstairs, he saw a shadow. Han yelled, “What are you doing here?” The intruder went out the kitchen window. When Han checked the window, he saw that the screen had been knocked out and was lying in the backyard. The intruder knocked down the fence while escaping from the backyard.

Han did not get a good look at the intruder’s face. In court, Han was unable to identify appellant as the suspect. Nothing was taken from Han’s house.

Detective Ron Gordon of the Milpitas Police Department was the investigating officer. On August 5, 1992, Gordon interviewed appellant about the burglary of Han’s residence. Appellant’s friend, Joshua, had…

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