People v. Henson CA5

FACTS

Defendant and two other armed men broke into and entered a home in rural Kerman in the afternoon. A mother and her two young children were at home. The men forced the mother at gunpoint to remain in the bedroom with her children while the men ransacked the house for valuables. Defendant pointed a shotgun at the mother. Less than a week later, defendant participated in the burglary of another house in Fresno.

DISCUSSION

I. Motion to Suppress

Defendant contends the trial court should have granted his motion to suppress evidence of statements he made during a second interview because he was not readvised of his Miranda2 rights. A. Facts Defendant moved to suppress evidence of statements he made during two interviews. He argued that at the first interview, he did not respond to two of the

All statutory references are to the Penal Code unless otherwise noted. Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

2. detective’s questions regarding his Miranda rights and, thus, he did not understand his rights. And at the second interview, he should have been readvised of his rights because the interview was 43 hours after the first interview, and the…