P. v. Weston CA4/2
Defendant and appellant Freddie Lee Weston was charged with murder during a burglary and a robbery. (Pen. Code, § 187, subd. (a); 190.2, subds. (a)(17)(A), (G).) It was further alleged that he used a deadly weapon within the meaning of section 12022, subdivision (b)(1), and a firearm within the meaning of section 12022.53, subdivision (b). On the 12th day of trial, defendant pled guilty to first degree murder in exchange for dismissal of all enhancements, and a promise by the trial court that his right to appeal the denial of his motion to suppress evidence obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) would be preserved. He was sentenced to 25 years to life in state prison. The trial court issued a certificate of probable cause, and defendant appealed. He contends his confession was obtained in violation of Miranda; alternatively, he asserts that if his guilty plea forecloses appellate review of this issue, the case must be remanded to allow him the
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