People v. Diaz CA5

INTRODUCTION

Following a bench trial, defendant Elias Diaz was found guilty of burglary (Pen. Code, § 460, subd. (a); count 1),1 bribery (§ 67; count 2), and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364; count 3). At the sentencing hearing, the trial court imposed the upper term of six years on count 1, a concurrent upper term of four years on count 2, and 180 days on count 3 served concurrent to the sentence on count 1. On appeal, defendant argues the bribery conviction is not supported by substantial evidence; defendant’s trial counsel was constitutionally ineffective in failing to move to suppress statements defendant made after he invoked his rights under Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); and that the trial court failed to consider relevant mitigating circumstances in imposing the upper terms on counts 1 and 2. We affirm. There is substantial evidence to support the bribery conviction, defendant has not established the requisite prejudice to support his ineffective assistance of counsel (IAC) claim, and defendant did not adequately preserve his sentencing claim for appeal.

FACTUAL BACKGROUND

Stemming from an incident where…