P. v. Madriz CA6
A jury convicted defendant Gerardo Aboytes Madriz, Jr. of premeditated attempted murder and shooting from a motor vehicle and found true associated firearm enhancement allegations. The trial court sentenced defendant to 32 years to life in prison. On appeal, defendant seeks reversal of his conviction on grounds he was denied his right to testify in his own defense and the trial court prejudicially erred in admitting his post arrest statement over his Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) objection. Alternatively, defendant requests that the case be remanded to allow the trial court to exercise its discretion as to whether to strike the firearm enhancements based on a recent amendment to Penal Code section 12022.53. We agree that defendant’s post arrest statement should have been excluded and that its admission was not harmless. Accordingly, we reverse without reaching defendant’s other claims.
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