P. v. Ortiz
Filed 2/8/07 P. v. Ortiz CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
‑ ‑ ‑ ‑
THE PEOPLE, Plaintiff and Respondent, v. MARK STEVEN ORTIZ, Defendant and Appellant. | C048818 (Super. Ct. No. 03F4052) |
After defendant was arrested and charged with attempted murder, drug enforcement agents twice questioned him in jail without counsel. Although the agents ostensibly sought information about matters unrelated to the attempted murder charge, they also discussed with defendant the events leading to that charge, learned he intended to proffer a claim of self-defense, and then shared that information and the factual basis for his claim with the alleged victim.
Defendant moved to dismiss the attempted murder charge on the ground his Sixth Amendment right to counsel and fair trial rights had been violated. Although the trial court agreed the agents had violated defendant's Sixth Amendment rights by â€
