P. v. Ortiz
After defendant was arrested and charged with attempted murder, drug enforcement agents twice questioned him in jail without counsel. Although the agents ostensibly sought information about matters unrelated to the attempted murder charge, they also discussed with defendant the events leading to that charge, learned he intended to proffer a claim of self defense, and then shared that information and the factual basis for his claim with the alleged victim.
On appeal, defendant renews his contention that dismissal is the proper remedy for the admitted violations of his Sixth Amendment right to counsel and fair trial rights. Under the circumstances, court agree the trial court's refusal to dismiss the charges was error, and reverse the judgment.
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