Green

People v. Green

Good Law
189 Cal. App. 3d 685·1987 Cal. App. LEXIS 1399·234 Cal. Rptr. 497
Court of Appeal of CaliforniaFebruary 17, 1987No. B020562California2,518 words

Opinion

Lead Opinion

McClosky, J.

—A jury found defendant Troy Lee Green guilty of voluntary manslaughter (Pen. Code, § 192, subd. (a)), a lesser and necessarily included offense of murder (Pen. Code, § 187) with which he was originally charged. The jury further found true the allegation that defendant personally used a deadly and dangerous weapon, to wit, a knife, during the commission of the killing (Pen. Code, § 12022, subd. (b)). Pursuant to Welfare and Institutions Code section 1731.5, subdivision (c), the trial court ordered that defendant serve his state prison sentence at the California Youth Authority.

Defendant’s sole contention on appeal is that the trial court committed prejudicial error when it denied his motion to exclude from evidence his tape-recorded extrajudicial statement and admitted it over objections that his “purported waiver of his right to counsel was not knowledgeable and that it was produced by coercion.” We shall affirm.

On February 19, 1985, defendant, who was then age 18 years and 10 months, voluntarily went to the police station after learning that the police wanted to talk to him and that Harlan Wilson whom he had stabbed four days earlier had died. Defendant was…

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