P. v. Clemons CA2/8
Pursuant to a negotiated disposition, appellant Thurmon L. Clemons Jr., IV entered a plea of no contest to one count of first degree burglary in exchange for the trial court’s promise that he would retain his right under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) to appeal the denial of his motion to suppress the evidence of his confession made during a police interview. After his Miranda motion was denied, he was sentenced to a stipulated term of two years in state prison. The trial court issued a certificate of probable cause to preserve appellant’s Miranda claim on appeal. Appellant now contends that his conviction must be reversed because his plea was induced by the illusory promise that he could obtain appellate review of his Miranda claim.
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