Citations
- 54 Cal. App. 4th 766
Full opinion text
Opinion
NICHOLSON, J.
In talking with an investigator from the Yolo County Public Defender’s Office, defendant implicated himself in a shooting and then asked for an attorney. The investigator contacted the police, apprising them of defendant’s involvement and his request for an attorney, and defendant accompanied the investigator to the police department. Without obtaining an attorney for defendant, police advised defendant of his Miranda rights. Defendant indicated he understood, signed a waiver, and submitted to a videotaped interview regarding the shooting incident. The trial court suppressed defendant’s statements to the police, finding they could be used only for impeachment purposes under Arizona v. Roberson (1988) 486 U.S. 675 [108 S.Ct. 2093, 100 L.Ed.2d 704]. The court found defendant had requested counsel, counsel had not been provided, and further interrogation was initiated by police, not defendant. The People appeal. We reverse.
Facts
In a case involving charges of attempted murder in a shooting incident, the Yolo County Public Defender’s Office represented the alleged perpetrator, Jose Villa. Robert Samaniego, an investigator for the public defender’s office, identified defendant Alfred Calderon as a potential witness who might benefit Villa’s defense. Samaniego kept Detective Armando Fernandez of the Woodland Police Department informed of his efforts, and Detective Fernandez told Samaniego “as soon as you can locate [defendant], . . . you hand him over to me.”
Samaniego eventually located defendant at a friend’s apartment. Samaniego showed defendant his badge, stating he was “from the Yolo County Public Defender’s office and . . . was investigating the Jose Villa case.” He then asked defendant to accompany him to his office to complete the interview. Defendant did so, identifying the public defender’s office as the “sheriff’s station.” In the course of a 17-minute interview, defendant indicated his involvement in the shooting incident. At this point, Samaniego asked if he could tape their interview, and defendant responded he wanted an attorney. Samaniego terminated the interview and contacted the Woodland Police Department.
Detective Fernandez and two other police officers met Samaniego outside the public defender’s office and Samaniego related what had happened. Samaniego then transported defendant to the Woodland Police Department. At the police station, Detective Fernandez told defendant they were investigating a shooting and believed he was involved. Fernandez advised defendant of his Miranda rights; defendant signed a waiver and submitted to a videotaped interview. Fernandez placed defendant under arrest at the conclusion of the interview.
Defendant subsequently moved to quash his implicating statement to Samaniego and his later statements to police. The trial court found: “[T]he motion to quash the statement made to Robert Samaniego, the Public Defender investigatory must be denied. From all of the evidence, I do not find and cannot find, frankly, that the defendant was in custody at the time he gave the statement to Mr. Samaniego. And if he’s not in custody, then obviously it makes no difference whether Mr. Samaniego was cooperating with the police or there’s a parallel investigation or how we want to characterize the relationship between Samaniego and Fernandez. . . . [