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  5. 148 Cal.App.3d 1172 (1983)
 

PEOPLE v. RUSSO

Docket No. 23556.

148 Cal.App.3d 1172 (1983)

196 Cal. Rptr. 466

THE PEOPLE, Plaintiff and Respondent, v. JASON JOHN RUSSO, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

November 18, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Neil Rosenbaum, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Ann K. Jensen and Clifford K. Thompson, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.

In this case we hold that a waiver of Miranda rights is invalid when given by a suspect after being told by the police, as part of the reading of his Miranda rights, that if he did not commit the crime he did not need a lawyer.

Jason John Russo was charged with murder (Pen. Code, § 187) with use of a deadly weapon (Pen. Code, § 12022, subd. (b)). A jury found him guilty of second degree...

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