Anderson

People v. Anderson

Good Law
169 Cal. App. 4th 321·2008 Cal. App. LEXIS 2429·87 Cal. Rptr. 3d 57
Court of Appeal of CaliforniaDecember 17, 2008A118000California6,665 words

Opinion

Opinion

Margulies, J.

Defendant was convicted of first degree murder a second time after a retrial, largely on the basis of her statements to police. We had reversed her initial conviction on grounds of instructional error.

On this second appeal, defendant contends that the court erroneously denied a renewed motion to suppress her statements to police. The initial trial court had denied a similar motion, rejecting defendant’s claim that the police had violated her constitutional rights to silence and assistance of counsel. Although we affirmed that ruling on appeal, we reversed the conviction on other grounds. As a result of the reversal, defendant was entitled to raise her constitutional claims again upon retrial. In considering the renewed motion to suppress, the court refused to rehear the evidence considered by the initial trial court. After hearing new evidence bearing on the constitutional claims, it denied the renewed motion. Defendant now contends that the trial court was required to hold a de novo hearing at which all of the evidence bearing on the suppression of her statements could be presented. We find no error in the trial court’s failure to hold the de novo hearing, concluding…

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