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STATE v. NOGUEIRA

No. 10274-5-I.

32 Wn. App. 954 (1982)

650 P.2d 1145

THE STATE OF WASHINGTON, Respondent, v. MARSHALL ANTHONY NOGUEIRA, Appellant.

The Court of Appeals of Washington, Division One.

As amended by order November 16, 1982.

Attorney(s) appearing for the Case

Larry Lund, for appellant (appointed counsel for appeal).

Norm Maleng, Prosecuting Attorney, and Linda Walton, Deputy, for respondent.

[As amended by order of the Court of Appeals November 16, 1982.]

JAMES, J.

Marshall Nogueira appeals his juvenile court convictions for taking a motor vehicle without permission and for criminal trespass in the second degree. He alleges the trial judge erred in admitting his inculpatory statement without first requiring the State to establish that he was legally in custody. We agree.

At the "factfinding" hearing, the victim testified that his fence...

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