Legal Opinion

People v. Porter

California Court of Appeal

Decided June 29, 1990No. A045382PublishedCited by 1 opinion

1Opinion of the Court

Opinion

BENSON, J.

Defendant Ace Leroy Porter appeals his conviction of two counts of first degree burglary (Pen. Code, § 459), one count of auto theft (Veh. Code, § 10851), and one prior prison term allegation (Pen. Code, § 667.5, subd. (b)). Defendant argues the trial court committed reversible error by admitting his confession, since it was improperly obtained after he invoked his right to remain silent under Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], We agree and reverse.

Factual and Procedural Background

About 10 p.m. on August 11, 1988, Jean…

2Cases cited36 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Massiah v. United StatesSupreme Court of the United States · 1964
  4. Rose v. ClarkSupreme Court of the United States · 1986
  5. Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962

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3Cited by1 opinion

  1. People v. PorterCalifornia Court of Appeal · 1990

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