P. v. Gamache
After a court trial, defendant Sierra Gamache was convicted of the second degree murder of Rose Bennett. (Pen. Code, 187, subd. (a).) The trial court also found true two enhancements; (1) that defendant had, in the course of the offense, personally used a deadly weapon, specifically a knife ( 12022, subd. (b)(1)), and (2) that defendant had inflicted great bodily injury on the victim who was 79 years or older. ( 1203.09, subd. (a).) The trial court sentenced defendant to state prison for an indeterminate term of 15 years to life, plus a consecutive one year term for the weapon enhancement.
On appeal defendant claims the trial court erred in admitting into evidence her statements to Lieutenant Gill confessing to the killing. Defendant claims her confession was involuntary as she was mentally disabled and coerced by previous promises of leniency from Sergeant Hatfield who earlier interviewed her without proper Miranda warnings and after she had invoked her right to counsel. As Court conclude there was no error, Court affirm the judgment.
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