California, United States of America
The following excerpt is from People v. Cardenas, F062414 (Cal. App. 2012):
Appellant contends the case of People v. Navarrete (2010) 181 Cal.App.4th 828 (Navarrete) compels reversal in the instant case. In Navarrete, the defendant appealed from a judgment of conviction for committing a lewd act upon a child. Prior to trial, the defendant successfully moved in pretrial to suppress a statement he made to detectives after his arrest. The prosecution failed to show by a preponderance of the evidence that the detectives had advised defendant of his Miranda rights.4 On the first day of trial testimony, one of the detectives referred to the suppressed statement while he was on the stand under oath. Defendant moved for a mistrial, but the court denied the motion, struck the detective's testimony, and excused him from testifying any further in the case. The
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