Legal Opinion

People v. Buskirk

California Court of Appeal

Decided July 24, 2009No. D054757Published

[CERTIFIED FOR PARTIAL PUBLICATIONS†]

1Opinion of the Court

Opinion

HUFFMAN, Acting P. J.

A jury convicted Nicholas Buskirk of second degree robbery (Pen. Code, 1 § 211), but found the attendant firearm use allegation not true (§ 12022.5). Buskirk admitted he had served a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced Buskirk to a total prison term of six years.

Buskirk appeals, contending the trial court prejudicially erred in denying his motion to suppress his pretrial statements obtained in violation of the Fifth Amendment to the United States Constitution after he had invoked his right to counsel, in…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Edwards v. ArizonaSupreme Court of the United States · 1981
  4. Rhode Island v. InnisSupreme Court of the United States · 1980
  5. McNeil v. WisconsinSupreme Court of the United States · 1991

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