P. v. Arellano CA5
A jury convicted Alejandro Arellano (appellant) of attempted murder (Pen. Code, §§ 664/187) and found true an enhancement for personal and intentional discharge of a firearm causing great bodily injury (§ 12022.53, subd. (d)). The court sentenced appellant to 25 years to life plus five years in state prison.
On appeal, appellant contends the trial court should have granted his motion to exclude his custodial interview, alleging his waiver of his Miranda rights was not knowing, intelligent, and voluntary because he was under the influence of methamphetamine and other drugs. We conclude the evidence established appellant was able to understand his rights and execute a valid waiver. Appellant also claims the trial court was unaware of its discretion to substitute the section 12022.53, subdivision (d) enhancement with a lesser enhancement within the same section. We agree, and remand the matter for the trial court to exercise its discretion in accordance with People v. Tirado
Comments on P. v. Arellano CA5