P. v. Gonzalez 12/19/02 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B154557

Case Date: 03/24/2004

Preview:Filed 12/19/03 P. v. Gonzalez CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. CATARINO GONZALEZ, JR., Defendant and Appellant.

B154557 (Los Angeles County Super. Ct. No. BA172833)

Appeal from a judgment of the Superior Court of Los Angeles County. Robert J. Perry, Judge. Reversed. Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Scott A. Taryle and James William Bilderback II, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

INTRODUCTION Appellant Catarino Gonzalez Jr. challenges his murder and attempted murder convictions on a variety of grounds, including the trial court's denial of his motion to exclude his incriminating statements to the police on the grounds they were coerced and obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). We conclude appellant's incriminating statements were not coerced, but were obtained in violation of his right to counsel. Because we conclude the erroneous admission of his statements at trial was prejudicial, we reverse the judgment. BACKGROUND AND PROCEDURAL HISTORY Los Angeles Police Department Officer Filbert Cuesta was fatally shot inside his patrol car while on duty on August 8, 1998. His partner, Richard Gabaldon, was just getting out of the car when the shooting began. He was not injured. The crimes occurred near a home where a number of 18th Street gang members and others were gathered for a wedding reception. A jury convicted appellant of first degree murder and found true three special circumstances: murder of a peace officer engaged in the performance of his duties, murder committed for the purpose of avoiding and preventing a lawful arrest, and murder committed by means of lying in wait. (Pen. Code,

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