Hector

Dante Lavelle Hector appeals from the judgment entered following a jury trial which resulted in his conviction of second degree murder (Pen. Code, § 187, subd. (a)), during the commission of which he personally used a firearm (Pen. Code, § 12022.5, subd. (a)(1)). The trial court sentenced Hector to 25 years to life in prison.

Hector’s contention the trial court erred in denying his motion to suppress his confession is without merit. Provisions of the California Constitution provide that statements taken in violation of Miranda are to be excluded from evidence only to the extent required by the federal Constitution. Accordingly, we determine that under the “totality of the circumstances” test of Fare v. Michael C. (1979) 442 U.S. 707, 728 [ 99 S.Ct. 2560, 2573 , 61 L.Ed.2d 197 ], Hector knowingly and voluntarily waived his Miranda rights and did not invoke them by requesting to speak to his mother during police questioning. The California Supreme Court’s decision in People v. Burton (1971) 6 Cal.3d 375, 383-384 [ 99 Cal.Rptr. 1 , 491 P.2d 793 ], is not irreconcilable with Fare v. Michael C. Both cases demand consideration of the circumstances surrounding a minor’s request…