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PEOPLE v. ANTHONY

Docket No. B013269.

185 Cal.App.3d 1114 (1986)

230 Cal. Rptr. 268

THE PEOPLE, Plaintiff and Respondent, v. CARNELL ANTHONY, Defendant and Appellant.

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

September 25, 1986.

Attorney(s) appearing for the Case

COUNSEL

Corrine S. Shulman, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, William R. Weisman and Paul C. Ament, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARABIAN, J. —

INTRODUCTION

In this case we are asked to determine whether a defendant, incarcerated in jail, who initiates telephone conversations with the police at another facility, is "in custody" such that Miranda warnings are required. We hold that he is not.

PROCEDURAL HISTORY

Following a court trial, Carnell Anthony (appellant) was found guilty of second degree murder (Pen....

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