PEOPLE v. LUCERO

Docket No. B020535.

190 Cal.App.3d 1065 (1987)

235 Cal. Rptr. 751

THE PEOPLE, Plaintiff and Respondent, v. BLAINE LUCERO, Defendant and Appellant.

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

March 31, 1987.


Attorney(s) appearing for the Case

COUNSEL

Donald W. Beacham, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Gary R. Hahn and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GILBERT, J.

The police surreptitiously tape recorded a conversation between two criminal suspects after one of them invoked his right to have counsel present during interrogation. The trial court properly admitted the recording because the Sixth Amendment is not violated when neither the police nor police agents deliberately elicit incriminating statements.

FACTS

Blaine Lucero and Theresa Vankol were arrested...

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