People v. Myron S.

Following true findings Myron S. committed a robbery (Pen. Code, § 211) during which he was armed with a pistol (Pen. Code, § 12022, subd. (a)), the court granted him probation. He appeals claiming his confession to the crime was inadmissible.

On February 13, 1981, Myron and a companion robbed a taco stand. The police apprehended the companion who confessed and implicated Myron. The police then called Myron’s mother and she agreed to bring her son to the station for questioning. When they arrived, the police explained to them Myron’s companion had identified Myron as his accomplice. Myron did not deny his involvement, or object to this account of the facts. One of the officers read Myron his Miranda rights. Myron said he understood them and with them in mind he was willing to talk *698 to the officers. Myron appeared to be uneasy in his mother’s presence, so he went with an officer to another part of the room, behind a partition where he told of his involvement in the robbery. Afterward, the mother agreed to help the police find the money Myron hid in the family home after the crime.

At the jurisdictional hearing, Myron asserted his confession should be excluded…