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PEOPLE v. NATIVIDAD

Docket No. 10800.

240 Cal.App.2d 244 (1966)

49 Cal. Rptr. 437

THE PEOPLE, Plaintiff and Respondent, v. PEDRO VALENZUELA NATIVIDAD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

February 17, 1966.

Attorney(s) appearing for the Case

Pedro Valenzuela Natividad, in pro. per., for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, George J. Roth, Robert P. Samoian and Michael J. Smolen, Deputy Attorneys General, for Plaintiff and Respondent.

THE COURT.

The defendant was convicted of burglary of the second degree and was sentenced to the state penitentiary, the sentence to run consecutive to the sentence imposed in Los Angeles County Superior Case No. 286919.

Prejudicial error is claimed by the defendant for failure of the police to advise him of his constitutional rights to counsel, and to remain silent, before his statement was taken. He relies upon the rule in People v. Dorado,

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