P. v. Pole
Filed 3/9/06 P. v. Pole CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. JEFFREY D. POLE,[1] Defendant and Appellant. | A109647 (Humboldt County Super. Ct. No. CR045991S) |
Defendant was convicted following a jury trial of two counts of shooting at an inhabited dwelling (Pen. Code, § 246), and sentenced to a aggregate sentence of six years and eight months in state prison. In this appeal he claims that his pretrial statement was improperly admitted in violation of his Miranda[2] rights, and the consciousness of guilt instruction was error. We find that defendant's statement was not the product of interrogation, and the consciousness of guilt instruction was proper. We therefore affirm the judgment.
STATEMENT OF FACTS
Officer Joseph O'Rourke of the Hoopa Valley Tribal Police Department was dispatched to defendant's residence above the Orcutt Trailer Park about 9:30 on the evening of November 23, 2004, in response to complaints of â€
