Legal Opinion

State v. Garcia

Court of Appeals of Oregon

Decided October 28, 1987No. CR6-0906-34; CA A42866PublishedCited by 2 opinions

1Opinion of the CourtWarden, P. J.

Defendant was convicted in a jury trial of giving a false name and birthdate to a police officer. ORS 807.620.1 He appeals, and we vacate the judgment and remand for further proceedings.

At trial, the court admitted in evidence certain inculpatory statements made by defendant to the police. Defendant contends that those statements were involuntary and that they resulted from a custodial interrogation that was not preceded by advice of defendant’s Miranda rights. The trial court did not hold a hearing to determine whether the statements were voluntary, as required by State v. Brewton, 238 Or…

2Cases cited2 opinions

  1. State v. BrewtonOregon Supreme Court · 1964
  2. State v. JohnsonCourt of Appeals of Oregon · 1980

3Cited by2 opinions

  1. State v. RyanCourt of Appeals of Oregon · 1987
  2. State v. RyanCourt of Appeals of Oregon · 1989

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