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Modification: People v. Sumagang

Ruling by

Mary J. Greenwood

Lower Court

Monterey County Superior Court

Lower Court Judge

Carrie M. Panetta
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between.



Court

California Courts of Appeal 6DCA

Cite as

2021 DJDAR 10790

Published

Oct. 18, 2021

Filing Date

Oct. 14, 2021

Opinion Type

Modification

Disposition Type

Reversed

Case Fully Briefed

Jun. 12, 2019

Oral Argument

Jul. 20, 2021


THE PEOPLE,

Plaintiff and Respondent,

v.

BYRON SILIM SUMAGANG,

Defendant and Appellant.

 

No. H044023

(Monterey County Super. Ct. No. SS143024)

California Courts of Appeal

Sixth Appellate District

Filed October 14, 2021

 

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

NO CHANGE IN JUDGMENT

 

The Attorney General's petition for rehearing is denied as moot. The court orders that the opinion filed September 29, 2021, be modified as follows:

The first sentence of the first full paragraph on page 19 of the opinion shall be deleted and replaced with the following: "The record does not hold substantial evidence to show the prosecution carried its burden."

There is no change in the judgment.

 

 

Greenwood, P. J.

Elia, J.

Danner, J.

#278224

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