P. v. Fuentes CA1/5
Appellant Jose Luis Huape Fuentes was tried before a jury and convicted of multiple sex offenses against his two biological daughters, who were minors at the time of the crimes. He contends: (1) his confession to deputies during an interview at his home should have been excluded at trial as having been made during a custodial interrogation without the advisements required under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) his confession was involuntary because it was motivated by one deputy’s promise of leniency; (3) his wife improperly opined at trial that one of her daughters was telling the truth about the charges; (4) his son should have been permitted to testify that in his opinion, appellant had not committed the sexual assaults; and (5) the abstract of judgment should be amended to reflect a stay of one count under Penal Code section 654. We order the abstract modified but otherwise affirm.
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