Bettis
People v. Bettis
Opinion
Lead Opinion
Gargano, J.
Defendant was accused of issuing a cheek without sufficient funds and with intent to defraud in violation of Penal Code section 476a. Defendant waived his right to jury trial, and by stipulation the cause was submitted to the trial court for decision primarily on the transcript of the preliminary hearing. The court found defendant guilty as charged and he appeals from the judgment of conviction. His sole contention for reversal is that his confession was illegally obtained and was therefore improperly admitted into evidence against him.
The relevant facts are these: Defendant was arrested in Carson City, Nevada on charges that he had passed two bad checks in A1 Tahoe, California. He waived extradition and was returned to California by Lieutenant Richard Lowe of the El Dorado County sheriff’s office.
Before leaving Carson City, Lieutenant Lowe advised defendant of his constitutional rights by reading from a *694 printed card containing what is commonly described as the Miranda formula (Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]). He also asked defendant if defendant understood those rights and whether having them in mind he wished to…