People v. Powell

Opinion

PUGLIA, P. J.

Following the denial of defendant’s in limine motion to suppress his confession, he submitted the issue of guilt on the transcript of the preliminary examination. He was found guilty of two counts of burglary and sentenced to state prison.

On appeal defendant contends the motion to suppress his confession was erroneously denied inasmuch as (1) sheriff’s officers continued to question him after he asserted his right to counsel, (2) the questioning was intended to elicit his confession, and (3) his waiver of Miranda rights was invalid because the officers ignored his prior…