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P. v. Padilla

P. v. Padilla
04:27:2006

P. v. Padilla




Filed 4/25/06 P. v. Padilla CA2/4





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR








THE PEOPLE,


Plaintiff and Respondent,


v.


RAUL PADILLA, JR.,


Defendant and Appellant.



B183111


(Los Angeles County


Super. Ct. No. BA267566)



APPEAL from a judgment of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed.


Jennifer L. Peabody, 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, Assistant Attorney General, Kenneth N. Sokoler and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.


Appellant Raul Padilla, Jr., challenges his conviction for possession of a weapon in jail. He contends that the trial court should have excluded a statement he made without receiving warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). Finding no error, we affirm the judgment.



FACTUAL AND PROCEDURAL SUMMARY


During a search of a jail dormitory housing approximately 66 inmates, Los Angeles County Deputy Sheriff Jeff Stosic found a shank (a five and one-half inch plastic toothbrush, sharpened to a point) in bunk 17-B. Custody Assistant Craig Castellanos checked a computerized inventory and learned that appellant was assigned to bunk 17-B. Castellanos then went to the dayroom where the inmates were being held during the search and asked who was assigned to bunk 17-B. Appellant said, â€





Description A decision regarding possession of a weapon in jail. (a five and one-half inch plastic toothbrush, sharpened to a point)
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