P. v. Flores
In an information filed October 7, 2005, Gabriel Flores (defendant) was charged in Riverside County with one felony count of willfully and unlawfully possessing methamphetamine for sale, in violation of Health and Safety Code section 11378, and one felony count of willfully and unlawfully threatening to commit a crime which would result in death or great bodily injury to a person in violation of Penal Code section 422.
On January 10, 2006, the jury found defendant guilty of violating section 11378, but deadlocked on the Penal Code section 422 charge. As a result of the guilty verdict, defendant admitted to violating the terms of his probation. The court sentenced defendant to a total of five years in state prison, two years for violating section 11378, and three years for a prior conviction pursuant to section 11370.2, subdivision (c). For violating probation, the court sentenced defendant to three more years in state prison, to run concurrently to the five year term.
Defendant appeals, contending the trial court violated his Fifth and Fourteenth Amendment rights under the United States Constitution by not excluding at trial statements made to the police, because defendant was subjected to custodial interrogation without being advised of his Miranda rights.
The judgment is affirmed.
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