P. v. Cortez CA2/1
Defendant Heriberto Cortez appeals from the judgment after a jury convicted him of multiple counts of sexually abusing his minor daughter. Defendant contends that the trial court erred by failing to hold a hearing on his Marsden motion to replace appointed counsel. He contends his statements to the police were inadmissible because a detective tricked him into waiving his Miranda rights by softening him up with ingratiating conversation before advising him of those rights, and then coerced him into confessing through implied promises of leniency. He further contends that the trial court failed to instruct the jury orally on the elements of the charged and lesser offenses.
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