P. v. Briones
Filed 8/15/06 P. v. Briones CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. AARON MATTHEW BRIONES, Defendant and Appellant. | C050100
(Super. Ct. No. 04F02365)
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Following a bench trial, defendant Aaron Matthew Briones was convicted of unlawful oral copulation of a minor (Pen. Code, § 288a, subd. (b)(1)),[1] sexual penetration of a minor with a foreign object (§ 289, subd. (h)), sexual exploitation of a minor (§ 311.3, subd. (a)), and invasion of privacy (§ 647, subd. (k)(1)). Judgment was suspended and defendant was placed on five years' formal probation for the penetration and oral copulation counts. He was ordered to serve 365 days in county jail for the sexual exploitation count with a possible work furlough for the last 90 days. He was also ordered to register as a sex offender. (§ 290.)
On appeal, defendant contends the trial court erred by admitting statements in violation of Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] (Miranda). He also claims the mandatory sex offender registration provision of section 290 violates equal protection of the law as applied to him. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant, who was 18 and a senior at Rio Vista High School, held a get-together at his house on February 15, 2004. His parents were not home that night. Seven people were at the party -- Malaree P., Morgan W., Anthony M., Dylan R., Scott B., Daren H., and defendant. Malaree and Morgan were both 14 and freshmen at Rio Vista High School. Anthony and Dylan were both 16 and sophomores, while Scott and Daren were seniors at Rio Vista High School.
The girls drank malt liquor, rum, and Kool-Aid spiked with vodka. Defendant played a video of Scott and Nicole B., another Rio Vista student, engaging in sexual intercourse. He and Scott talked about how Nicole did not know she had been recorded. Defendant told the group that anyone wanting to use a bedroom could use his.
Defendant took Morgan by the hand and led her to his bedroom. Morgan was â€
