Locke
People v. Locke
Opinion
Lead Opinion
Elkington, J.
Defendant Grace Locke was found guilty by a jury of attempted murder in the second degree, with deadly weapon and great bodily injury findings. Imposition of judgment was suspended and she was placed on probation for three years. She appeals from “the final judgment of conviction” which we treat as from the order imposing probation, as was obviously intended. (See Pen. Code, § 1237, subd. 1.)
We reverse the order imposing probation for reasons as follow.
It is argued by defendant that: “The trial court’s error in admitting appellant’s confession obtained in violation of her previously invoked Miranda rights requires reversal of appellant’s conviction.”
The relevant evidence is uncontroverted.
Following the charged criminal incident, Police Officer Tealdi at “06.35 hours” (i.e., 6:35 a.m.) took defendant into custody, and she was properly admonished by him as to her Miranda rights. As stated by the officer, “she *1132 elected not to say anything until she saw counsel.” She remained in Officer Tealdi’s custody for at least the next three hours, during which time the officer asked her no “questions about the incident.” And during that period nothing further was said, or…