LESSIE

People v. LESSIE

Good Law
161 Cal. App. 4th 1085·2008 Cal. App. LEXIS 493·74 Cal. Rptr. 3d 792
Court of Appeal of CaliforniaApril 8, 2008D050019California5,605 words

Opinion

Opinion

Huffman, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1087 OPINION A jury convicted Tony Lessie of second degree murder (Pen. Code, 1 § 187, subd. (a)) and found true allegations that during its commission Lessie had intentionally and personally used and discharged a firearm, proximately causing great bodily injury and death to a person (§§ 12022.5, subd. (a), 12022.53, subd. (d)). 2 The trial court sentenced Lessie to prison for a total term of 40 years to life. Lessie's sole contention on appeal is that the trial court erred in denying his motion to suppress his pretrial admissions made during two interviews on *Page 1088 September 20 and 21, 2005, which were allegedly obtained in violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ] (Miranda). Lessie, who was 16 years old at the time of those interviews, essentially asserts that because People v. Burton (1971) 6 Cal.3d 375 , 383-384 [ 99 Cal.Rptr. 1 , 491 P.2d 793…

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