People v. Sears

The jury found defendant guilty of the first degree murder of his stepdaughter Elizabeth Olives, the attempted murder of his estranged wife Clara Sears and the attempted murder of his mother-in-law Prances Montijo. As to the first degree murder conviction, the jury fixed the penalty at death. This appeal comes to us automatically under Penal Code section 1239, subdivision (b).

Por the reasons stated below we hold that the trial court *740erred in admitting into evidence incriminating statements elicited from defendant without his either being advised of his rights to counsel and to remain silent…