People v. Smith CA3

Filed 10/23/24 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C095786

Plaintiff and Respondent, (Super. Ct. No. 20F7464)

v.

TRISTON LEE SMITH,

Defendant and Appellant.

A jury found defendant Triston Lee Smith guilty of four counts of oral copulation with a child under the age of 10 years and one count of lewd act with a child under the age of 14 years by use of force. The trial court sentenced defendant to state prison for 5 years plus 60 years to life. On appeal, defendant contends: (1) the trial court prejudicially erred in admitting his statements to law enforcement because they were involuntary and made without an advisement under Miranda v. Arizona (1966) 384 U.S.…