People v. Doherty

The prosecution charged defendant with violations of Health and Safety Code sections 11500 (possession of heroin) and 11530 (possession of marijuana). The jury failed to reach a verdict on the first count but found defendant guilty of possessing marijuana. Ordering the dismissal of the first count, the court entered a judgment of conviction on the second count. Defendant appeals from this judgment.

*12We reverse this conviction because the trial court errqneously admitted certain of defendant’s extrajudicial statements, which he gave without advice of his right to counsel and his right to remain…