In Re Robert E.

The juvenile court found Robert E. committed perjury when he testified in his own defense in a previous trial. In this single-issue appeal, he claims the court erred in admitting his confession to perjury because it was allegedly obtained in violation of his Sixth Amendment right to counsel.

I

At a December 3, 1997 juvenile court hearing, Robert testified concerning charges of vandalism and assault with intent to cause great bodily harm (with an added gang enhancement). In his testimony Robert denied tagging a garage door with the moniker “FTTR Huero” on April 24, 1997, or writing anything on the garage door at all. He denied having “blue staining” on his hands when the police approached him that day and said the only “marker” in his possession was a ballpoint pen. Robert testified he did not have a gang nickname and was not even a member of a gang. He claimed all the officers who testified otherwise were lying. Nevertheless, the court found the allegations true and ordered Robert’s detention in a juvenile facility for 180 days.

At Los Piños Juvenile Detention Camp, Robert was visited by Fullerton Police Officer John Siko and Detective Choceck on February 12, 1998,…