P. v. Dubois
Filed 2/24/06 P. v. Dubois CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. MATTHEW EDWARD DUBOIS, Defendant and Appellant. | G035016 (Super. Ct. No. 03NF2823) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Jr., Judge. Affirmed.
James R. Mc Grath, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Matthew Edward Dubois was convicted of assault by means of force likely to produce great bodily injury. On appeal, defendant contends the trial court improperly admitted statements he made to the police because he was not issued his Miranda rights prior to questioning. (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694].) We find no clear error, and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Prior to trial, the court held a hearing to determine the admissibility of defendant's statements to police. Testimony from the pretrial hearing revealed the following facts: Sergeant Danny Hughes was the first to respond to a fight at the Off Campus Pub (Pub). Hughes arrived at the Pub in civilian clothes and an unmarked car. Security guards directed Hughes toward defendant as a suspect in the fight. Hughes was not carrying any weapons or handcuffs when he approached defendant, who was standing in the parking lot speaking with another security guard.
Hughes identified himself as a police officer, asked the security guard to step away, and then began questioning defendant at the place where he stood in the parking lot. After two or three minutes, other officers began arriving on the scene. Throughout Hughes's questioning of defendant, the other officers remained approximately 300 feet away with 50 to 75 people between them.
During the trial, Hughes testified that he questioned defendant about his involvement in the fight and his knowledge regarding the victim's injuries. Defendant stated he had not caused the fight, but rather was trying to break it up. Defendant also admitted to â€
