Porter

Defendant Ace Leroy Porter appeals his conviction of two counts of first degree burglary (Pen. Code, § 459), one count of auto theft (Veh. Code, § 10851), and one prior prison term allegation (Pen. Code, § 667.5, subd. (b)). Defendant argues the trial court committed reversible error by admitting his confession, since it was improperly obtained after he invoked his right to remain silent under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], We agree and reverse.

Factual and Procedural Background

About 10 p.m. on August 11, 1988, Jean Wright discovered someone had ransacked her apartment at 675 Summerfield Road in Santa Rosa. About *1216 $20 was missing from her purse and a box containing cash was missing from the apartment. A lug wrench had been left on Wright’s dresser. A sliding glass door was off its tracks.

On the morning of August 12, 1988, Mary Ann Lindsay noticed the rear gate and a sliding glass door were open at Lawrence Ross’s apartment at 603 Summerfield Road, one-half block from Jean Wright’s apartment. She reported it to a gardener, who discovered the apartment ransacked and Ross’s car missing from its…