Luna

MEMORANDUM *

The issue in this case is whether all or part of a tape-recorded interrogation was properly admitted into evidence. In 2000, Jose Luis Luna was sentenced to 170 years to life in prison based on his conviction for several offenses committed against a minor over a period of about two weeks. He was convicted on sixteen counts and acquitted of the other charges against him. He was given consecutive 15-years-to-life terms for each of six acts and consecutive eight-year determinate sentences for each of ten acts. See Cal.Penal Code §§ 269(a)(4) — (5), 288(b)(1). Even with the admission of Luna’s entire tape-recorded statement, the evidence against him was somewhat equivocal. Indeed, the prosecution, in final argument, admitted to the jury that the detective who had conducted the interview with Luna (and who had also interviewed the minor) believed that the evidence did not warrant prosecution.

Luna appealed, alleging Miranda and Apprendi violations. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 *713 (1966); Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). The California Court of Appeal modified Luna’s restitution fine but…