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As the trial court found in its February 26, 2004 order, the DOJ’s
delay in resolving the petitioners’ petition for review had already
exceeded 60 days. Since the suspension of the petitioners’
arraignment was already beyond the period allowed by the Rules,
the petitioners’ motion to suspend completely lacks any legal
basis.
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PEOPLE v. FRANCISCO SEARCHING INQUIRY, STANDARD: the accused has not been
coerced or placed under a state of duress either by actual threats
or physical harm coming from malevolent or avenging quarters,
and this it can do either by eliciting from the accused himself the
manner in which he has been brought into the custody of the law
and whether he had the assistance of competent counsel during
the custodial and preliminary investigations or by ascertaining
from him the conditions of his detention and interrogation during
the investigation.16
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This does not mean, however, that the case should be remanded
to the trial court. This course of action is appropriate only when
the appellant’s guilty plea was the sole basis for his conviction. As
held in People v. Mira, -
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