People v. Lessie, No. S163453
Conviction of minor-defendant for second-degree murder is affirmed as People v. Burton, 6 Cal.3d 375 (1971), is no longer good law as the holding was based on the United States Constitution, and Burton's special rule for minors is inconsistent with the high court's subsequent decision in Fare v. Michael C., 442 U.S. 707 (1979), which requires courts to determine whether a defendant - minor or adult - has waived the Fifth Amendment privilege by inquiring into the totality of the circumstances surrounding the interrogation.
Filed January 28, 2010
Opinion by Judge Werdegar
For Appellant: Elisa A. Brandes
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald Jakob, Steven T. Oetting and Jennifer A. Jadovitz, Deputy Attorneys General