State v. Braga

Defendant appeals a judgment of conviction for conspiracy to possess a controlled substance, conspiracy to manufacture a controlled substance, possession of a controlled substance, manufacture of a controlled substance, and felon in possession of a firearm. He challenges the trial court’s denial of his motion to suppress, arguing that the trial court erred in concluding that, even if he previously had invoked his right to counsel, his statements made following advice of Miranda rights by another officer were obtained lawfully.

The state concedes that the trial court erred, but argues that the…