P. v. Miller CA2/8
Defendant Tyjae Miller was convicted by a jury of one count of felony evading a peace officer while driving recklessly (Veh. Code, § 2800.2) and one count of misdemeanor driving without a license (id., § 12500). The trial court placed defendant on probation for five years.
Defendant filed a timely appeal from the judgment of conviction, contending the trial court erred in admitting his post-arrest statement to a California Highway Patrol (CHP) officer without proof that the officer had advised defendant of his Miranda rights. Defendant also contends the probation condition requiring him to live in a residence approved by his probation officer is constitutionally overbroad. We find defendant has forfeited his claim concerning his postarrest statement and we agree that the residential restriction condition must be stricken. We affirm the judgment in all other respects.
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