P. v. Casares

Filed 3/22/06 P. v. Casares CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard Romero, Judge. Affirmed.

Gail Harper, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Michael R. Johnsen and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Henry Casares appeals his conviction of one count of first degree murder (Pen. Code, § 187, subd. (a)), plus true findings on a firearm use allegation (Pen. Code, § 12022.53, subd. (d)) and a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)). He contends the trial court erred in failing to grant his motion to suppress his statement to the police in which he confessed to the shooting because the prosecution did not meet its burden of showing he knowingly and voluntarily waived his Miranda[1] rights. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On July 4, 2003, defendant was involved in a gang-related shooting in which one man was shot and killed. The evidence at trial consisted of eyewitness testimony, forensic evidence, expert gang testimony, defendant's statement to the police, and defendant's testimony.

1. Prosecution Case.

On June 17, 2003, a Long Beach City police officer stopped a gold Audi 5000 because the plate indicated it was stolen. A male Hispanic named Eduardo Vasquez (also known as â€