State v. Gutierrez

We have consolidated the appeals of codefendants Marvin Warren and Bonifacio Gutierrez for purposes of this opinion. Mr. Warren contends his due process rights to a fair trial were violated by testimony concerning his assertion of his right to remain silent after Miranda warnings were given. Mr. Gutierrez also contends his right to a fair trial was denied by the comment on Mr. Warren's statement. He additionally contends the trial court committed error in ruling on evidence issues and should have dismissed the case for insufficiency of evidence. We reverse Mr. Warren's conviction and order a…