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People v. Torres

Trial counsel rendered ineffective assistance by failing to move to suppress defendant’s statement for lack of Miranda advice after the questioning became adversarial and custodial.

The interrogation was not “custodial” when it began, but it later became custodial and defendant should have received Miranda warnings when the detectives essentially told defendant that they would not leave and he could not go home until he told them the truth based on the evidence they had against him. Trial counsel rendered ineffective assistance of counsel by failing to move to suppress defendant’s statement based on the lack of Miranda advice.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2018 D.A.R. 6832 (4th Dist. 2018) July 12, 2018 (D072610)

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