From Casetext: Smarter Legal Research

People v. Braeseke

Supreme Court of California
Aug 28, 1980
618 P.2d 149 (Cal. 1980)

Opinion

Docket No. Crim. 21049.

August 28, 1980.


MEMORANDUM CASE

OPINION

THE COURT.

The Supreme Court of the United States on May 12, 1980, issued its order and judgment that "the judgment of the Supreme Court of California in this cause is vacated, and that this cause is remanded to the Supreme Court of California to consider whether its judgment is based on federal or state constitutional grounds, or both." 446 U.S. 932 [64 L.Ed.2d 784, 100 S.Ct. 2147].

Pursuant to this mandate we have reexamined our opinion in this case (reported at 25 Cal.3d 691 [ 159 Cal.Rptr. 684, 602 P.2d 384]) and certify our judgment is based upon Miranda v. Arizona (1965) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974] and the Fifth Amendment to the United States Constitution. Inasmuch as we deem it unnecessary to alter our prior opinion, we reiterate it in its entirety.


Summaries of

People v. Braeseke

Supreme Court of California
Aug 28, 1980
618 P.2d 149 (Cal. 1980)
Case details for

People v. Braeseke

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BARRY FLOYD BRAESEKE, Defendant…

Court:Supreme Court of California

Date published: Aug 28, 1980

Citations

618 P.2d 149 (Cal. 1980)
618 P.2d 149
168 Cal. Rptr. 603

Citing Cases

People v. Prysock

( Fare v. Michael C., supra, 442 U.S. 707, 724-725 [61 L.Ed.2d 197, 212, 99 S.Ct. 2560, 2571-2572]; People v.…

People v. Woods

( Ross v. Superior Court (1977) 19 Cal.3d 899, 913, 915 [ 141 Cal.Rptr. 133, 569 P.2d 727]; People v. Mack…