PEOPLE v. PILSTER

No. G035130.

42 Cal.Rptr.3d 301 (2006)

138 Cal.App.4th 1395

The PEOPLE, Plaintiff and Respondent, v. James Jay PILSTER, Defendant and Appellant.

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

April 27, 2006.


Attorney(s) appearing for the Case

Richard L. Schwartzberg, Tustin, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Teresa Torreblanca and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARONSON, J.

A jury convicted Jay Pilster of assault with a deadly weapon. (Pen.Code, § 245, subd. (a)(1).) At trial, the prosecutor used defendant's prearrest statements to an investigating officer to impeach his testimonial account of the alleged crime. Because the interviewing officer failed to provide him with Miranda warnings even though he was handcuffed during the interview, defendant contends the trial court erred in denying his...

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