People v. Bilderbach

*760TOBRINER, J.

We adjudicate defendant’s appeal from a judgment on a verdict finding Mm guilty of violating Health and Safety Code section 11530, prohibiting possession of marijuana. We reverse the conviction on the basis of the erroneous admission of defendant’s confession since the record fails to indicate that, prior to the confession, defendant had been advised of his rights to an attorney and to remain silent, or that he had otherwise waived those rights. We also point out that if, upon a new trial, the question of the admissibility of the confession arises, the trial judge should not only…