P. v. Vargas CA1/2
Defendant Javier Vargas seeks reversal of a judgment of conviction entered after a jury found him guilty of certain sex crimes. He argues that the trial court improperly reconsidered its pre-trial order granting his motion in limine and barring the prosecution from introducing in its case in chief his statements to a detective the day after he was arrested. He also contends that the court erred when it reversed its previous ruling and later, during trial, denied defendant’s own suppression motion. Defendant contends there was not sufficient reason for the court to reconsider its initial order nor sufficient evidence that he effectively waived his right to remain silent under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We disagree. The court acted within its discretion to reconsider its initial order and there was sufficient evidence that defendant effectively waived his Miranda rights. Therefore, we affirm.
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