State v. Despenza

Corbett, A.C.J.

Ross Harvey Despenza appeals his judgment and sentence for second degree assault. We reverse and remand for a new trial.

The victim of a shooting told police that the defendant was the assailant. Defendant was arrested about 2 hours after the incident. He was given Miranda 1 warnings at the time of arrest and again at the police station. He indicated that an attorney would have to be appointed for him, but he did not wish to have one present at that time. When asked if he wanted to talk about the reason for his arrest, he told the detective he would like to think about it for a…